Vermont Statutes Title 33 Sec. 151
Terms Used In Vermont Statutes Title 33 Sec. 151
- Commissioner: means the Commissioner for Children and Families. See
- Department: means the Department for Children and Families. See
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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
§ 151. Licensing and registration; violations
This subchapter shall apply to all licenses, registrations, and applications for licenses and registrations that the Commissioner or the Department may issue or grant unless otherwise specifically provided.
(1) The Commissioner shall adopt rules governing applications for and issuance, revocation, term, and renewal of licenses and registrations. In the rules, the Commissioner may prescribe standards and conditions to be met, records to be kept, and reports to be filed. Licenses and registration shall be for a term of one year from issuance unless otherwise prescribed by rule.
(2) Premises covered by a license or registration may be visited and inspected by the Department at reasonable hours. A person who accepts a license or registration shall permit visits and inspections and examinations of the records he or she is required to keep.
(3) A license or registration may be revoked for cause after hearing and may be suspended in situations that immediately imperil the health, safety, or well-being of persons in the care of the licensee or registrant.
(4) Before a license is granted, the Department shall visit and inspect the premises for which the license is requested and make further inquiry and investigation as the Commissioner may direct. Before a family child care home registration is granted, the Department shall make inquiry and investigation. Inquiry and investigation may include a visit to and inspection of the premises for which the registration is requested. Further inquiry and investigation may be made as the Commissioner may direct.
(5) Whenever the Attorney General has reason to believe that a facility required by the Commissioner to be licensed or registered is being operated without such license or registration, the Attorney General may bring an action for equitable relief in the name of the State against the operator of such facility to restrain such operation. The action may be brought in the Superior Court of the county in which the facility is located. The court is authorized to grant equitable relief to restrain and prevent such operation.
(6) Any person who violates the terms of an injunction or restraining order issued under subdivision (5) of this section shall forfeit and pay to the State a civil penalty of not more than $100.00 for each violation. In such cases, the Attorney General acting in the name of the State may petition for recovery of such civil penalty.
(7) Whenever the Department determines that a licensed child care facility or registered family child care home has violated a health or safety rule, the facility or home shall post the Department’s notice of violation in a conspicuous place in the facility or home. In the case of a serious violation, as defined by the Department by rule, the facility or home shall also notify by mail a person responsible for the welfare of each child attending that facility or home. A serious violation shall include violation of group size and staffing requirements and any violation involving a situation that immediately imperils the health, safety, or well-being of persons in the care of the licensee or registrant. (Added 2013, No. 131 (Adj. Sess.), § 13, eff. May 20, 2014; amended 2021, No. 20, § 277.)