Vermont Statutes Title 26 Sec. 2252
Terms Used In Vermont Statutes Title 26 Sec. 2252
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commission: means the Vermont Real Estate Commission. See
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. 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
- Subpoena: A command to a witness to appear and give testimony.
§ 2252. Powers and duties
(a) The Commission shall adopt rules in accordance with 3 Vt. Stat. Ann. chapter 25 necessary for the performance of its duties, including:
(1) a definition of the activities that may be performed only by a licensee, in accordance with section 2211 of this title;
(2) qualifications for obtaining licensure, in accordance with section 2292 of this title;
(3) explanations of appeal and other significant rights given to applicants and the public;
(4) procedures for disciplinary and reinstatement cases;
(5) criteria for determining whether or not a deposit is reasonably expected to earn a substantial amount of interest in accordance with subsections 2214(b) and (c) of this title. The criteria shall include the following:
(A) the amount of the deposit and the time period the deposit is expected to be held;
(B) the cost of establishing and maintaining an interest-bearing account, including minimum account balances, service charges, legal fees, accounting fees, and tax reporting procedures;
(C) the nature of the transaction involved.
(b) The Commission shall:
(1) if applications for licensure by examination are pending, offer examinations at least four times each year and pass upon the qualifications of applicants for licensing;
(2) use the administrative and legal services provided by the Office of Professional Regulation under 3 Vt. Stat. Ann. chapter 5;
(3) investigate suspected unprofessional conduct.
(c) The Commission may:
(1) investigate suspected cases of unauthorized practice of activities regulated by this chapter, and refer any such case to the Attorney General or a State‘s Attorney for possible prosecution and injunctive relief;
(2) conduct hearings;
(3) administer oaths and issue subpoenas pursuant to 3 V.S.A. §§ 809a and 809b;
(4) issue orders relating to discovery in the same manner as a judge under the Vermont Rules of Civil Procedure, which may be enforced in the same manner as a subpoena;
(5) adopt rules relating to the procedures to be followed in handling complaints and conducting hearings under this chapter;
(6) receive assistance from the Attorney General or other State agencies, so long as the assistance is not contrary to any other State law.
(d) The Commission shall provide proposed rules to the Director of the Office of Professional Regulation for review and comment. The Director’s comments shall be forwarded to the administrative rules committee. (Amended 1969, No. 283 (Adj. Sess.), § 3; 1985, No. 6, § 1; 1989, No. 250 (Adj. Sess.) § 4(d); 1991, No. 86, § 5, eff. June 26, 1991.)