Vermont Statutes Title 33 Sec. 7110
Terms Used In Vermont Statutes Title 33 Sec. 7110
- 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.
- 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
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. 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
- 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
§ 7110. Violation; notice
(a) If, as a result of an inspection or investigation, the licensing agency determines that a condition in the facility violates a rule or provision of this chapter, it shall prepare a written notice of violation, which shall state the following:
(1) a description of each condition that constitutes a violation;
(2) each rule or statutory provision alleged to have been violated;
(3) the date by which the violation must be corrected;
(4) sanctions the licensing agency may impose for failure to correct the violation or failure to provide proof of correction by the date specified;
(5) the right to appeal the notice of violation as provided in section 7118 of this title; and
(6) the right to apply for a variance as provided in section 7106 of this title.
(b) The licensing agency may take immediate enforcement action when necessary to eliminate a condition that can reasonably be expected to cause death or serious physical or mental harm to residents or staff before it can be eliminated through the provisions of section 7111 of this title. A licensing agency taking such action shall explain that action and the reasons for it in the notice of violation. (Added 1985, No. 151 (Adj. Sess.) § 8; amended 2019, No. 118 (Adj. Sess.), § 2, eff. June 23, 2020.)