Vermont Statutes Title 33 Sec. 7206
Terms Used In Vermont Statutes Title 33 Sec. 7206
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Facility: means a residential care home, nursing home, assisted living residence, home for persons who are terminally ill, or therapeutic community residence licensed or required to be licensed pursuant to the provisions of this chapter. See
- Licensee: means any person, other than a receiver appointed under this chapter, which is licensed or required to be licensed to operate a facility. See
- Licensing agency: means the Agency of Human Services or the department or division within the Agency as the Secretary of Human Services may designate. See
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Owner: means the holder of the title to the property on or in which the facility is maintained. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 7206. Appointment of receiver; hearing and order
(a) After the hearing on the merits, the court may appoint a receiver from the list provided by the licensing agency if it finds that one or more of the grounds set forth in section 7202 of this chapter is satisfied, and that the person is qualified to perform the duties of a receiver as provided for in section 7205 of this chapter. The court’s determination of whether one or more of the grounds set forth in section 7202 of this chapter is satisfied shall be based on the condition of the facility at the time the complaint requesting the appointment of a receiver was filed.
(b) The court shall set a reasonable compensation for the receiver and may require the receiver to furnish a bond with surety as the court may require. Any expenditure, including the compensation of the receiver, shall be paid from the revenues of the facility.
(c) The court may order limitations and conditions on the authority of the receiver provided for in section 7207 of this chapter. The order shall divest the owner and licensee of possession and control of the facility during the period of receivership under the conditions specified by the court.
(d) An order issued pursuant to this section shall confirm on the receiver all rights and powers described in section 7207 of this chapter and shall provide the receiver with the authority to conduct any act authorized under this section, including managing the accounts, banking transactions, and payment of debts.
(e) An order appointing a receiver under this chapter has the effect of a license for the duration of the receivership and of suspending the license of the licensee. The receiver shall be responsible to the court for the conduct of the facility during the receivership, and a violation of rules and regulations governing the conduct of the facility, if not promptly corrected, shall be reported by the licensing agency to the court. The order shall not remove the obligation of the receiver to comply with all relevant State rules and federal regulations applicable to the facility.
(f) The court shall order regular accountings by the receiver at least semiannually. (Added 2009, No. 36, § 2; amended 2019, No. 118 (Adj. Sess.), § 3, eff. June 23, 2020; 2021, No. 20, § 358.)