Vermont Statutes Title 3 Sec. 131
Terms Used In Vermont Statutes Title 3 Sec. 131
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- board: refers to the boards, commissions, and professions listed in section 122 of this subchapter and, in the case of disciplinary matters or denials of licensure, either an administrative law officer appointed under subsection 129(j) of this subchapter or the Director in advisor professions. See
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- License: includes any certification, registration, permit, commission, or other official authorization to undertake a regulated activity. See
- Licensee: includes any person to whom a license has been issued by a board or the Director. See
- Office: means the Office of Professional Regulation. See
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- 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
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
§ 131. Accessibility and confidentiality of disciplinary matters
(a) It is the purpose of this section both to protect the reputation of licensees from public disclosure of unwarranted complaints against them, and to fulfill the public’s right to know of any action taken against a licensee when that action is based on a determination of unprofessional conduct.
(b) All meetings and hearings of boards shall be subject to the Open Meeting Law.
(c) The Secretary of State, through the Office of Professional Regulation, shall prepare and maintain a register of all complaints, which shall be a public record and which shall show:
(1) with respect to all complaints, the following information:
(A) the date and the nature of the complaint, but not including the identity of the licensee; and
(B) a summary of the completed investigation; and
(2) only with respect to complaints resulting in filing of disciplinary charges or stipulations or the taking of disciplinary action, the following additional information:
(A) the name and business addresses of the licensee and complainant;
(B) formal charges, provided that they have been served or a reasonable effort to serve them has been made, and all subsequent pleadings filed by the parties;
(C) the findings, conclusions, rulings, and orders of the board or administrative law officer;
(D) the transcript of the hearing, if one has been made, and exhibits admitted at the hearing;
(E) stipulations filed with the board or administrative law officer; and
(F) final disposition of the matter by the appellate officer or the courts.
(d) Neither the Secretary nor the Office shall make public any other information regarding unprofessional conduct complaints, investigations, proceedings, and related records except the information required to be released under this section.
(e) The discovery rules for conduct complaints shall apply to and govern the provision of investigatory files to those charged with unprofessional conduct.
(f) As used in this section, “disciplinary action” means an action based on a finding of unprofessional conduct that suspends, revokes, limits, or conditions a license in any way, including administrative penalties, warnings, and reprimands.
(g) Nothing in this section shall prohibit the disclosure of any information regarding unprofessional conduct complaints, or investigations thereof, in response to an order from a court of competent jurisdiction, or to State or federal law enforcement or regulatory agencies, provided the receiving agency or department:
(1) agrees to maintain the confidentiality and privileged status of the information as provided in subsection (d) of this section; and
(2) has jurisdiction over the subject matter in question. (Added 1989, No. 250 (Adj. Sess.), § 1; amended 1997, No. 40, § 8; 1999, No. 52, § 3; 2001, No. 151 (Adj. Sess.), § 3, eff. June 27, 2002; 2003, No. 60, § 3; 2005, No. 174 (Adj. Sess.), § 1; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2015, No. 38, § 4, eff. May 28, 2015; 2017, No. 48, § 6.)