Terms Used In Vermont Statutes > Title 3 > Chapter 5 > Subchapter 3 - Professional Regulation

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agency: means the Agency of Transportation. See
• Agency: means the Agency of Agriculture, Food and Markets. See
• Agency: means the Agency of Agriculture, Food and Markets. See
• Agricultural activities: means the operation and management of an entity engaged in farming, including all those activities defined as "farming" in this chapter, "agricultural activity" in 12 V. See
• agricultural waste: means material originating or emanating from a farm or imported onto a farm that is determined by the Secretary or the Secretary of Natural Resources to be harmful to the waters of the State, including sediments; minerals, including heavy metals; plant nutrients; pesticides; organic wastes, including livestock waste; animal mortalities; compost; feed, and crop debris; waste oils; pathogenic bacteria and viruses; thermal pollution; silage runoff; untreated milk house waste; and any other farm waste as the term "waste" is defined in 10 V. See
• Airport: means any area of land or water set aside by the Agency, any political subdivision, or person, except a restricted landing area, that is designed for the landing and take-off of aircraft, and used or to be used in the interest of the general public whether or not facilities are provided for the shelter, servicing, or repair of aircraft, or for receiving or discharging passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other airport facilities, including all appurtenant rights-of-way. See
• Airport hazard: means a structure, object of natural growth, or use of land that obstructs the air space required for the flight of aircraft in landing or taking off at an airport or restricted landing area or is otherwise hazardous to landing or taking off. See
• Airport hazard area: means any area of land or water upon which an airport hazard might be established if not prevented as provided in this part. See
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• Appraisal: means the identification, classification, and analysis of all public records, regardless of physical form or characteristics, to determine their value and ultimate disposition, based upon their legal, administrative, or informational value. See
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approved dairy laboratory: is a ny place or premises that has been inspected and approved by the Secretary, or those premises outside Vermont approved and listed by the National Conference on Interstate Milk Shipments in accordance with the most recent evaluation of milk laboratories as published by the U. See
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• biennially: shall mean the year in which a regular session of the General Assembly is held. See
• Board: means the Transportation Board. See
• 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.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Dairy farm: is a ny place or premises where one or more cows, dairy goats, dairy sheep, or water buffalo are kept and where a part or all of the milk from the animals is sold or offered for sale. See
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Director: means the Director of the Office of Professional Regulation. See
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distributor: means any person who sells milk to consumers within the State, except those who sell milk for consumption on the premises. See
• Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
• Domestic fowl: means laying-hens, broilers, ducks, turkeys, or any other number or type of fowl that the Secretary deems domestic fowl. See
• Domestic fowl: means laying hens, broilers, ducks, turkeys, or any other number or type of fowl that the Secretary deems domestic fowl. See
• drugs: means :

• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• 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}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
• Good standing: means a participant in a program administered under this chapter:

• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• handler: is a person, firm, unincorporated association, or corporation engaged in the business of buying, selling, assembling, packaging, or processing milk or other dairy products for sale within the State of Vermont or outside the State. See
• inhabitants: shall mean the population of the political division referred to, as ascertained by the national census last completed before the time when such population is a material fact. See
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• 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.
• Juror: A person who is on the jury.
• Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
• Law clerk: Assist judges with research and drafting of opinions.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• 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
• Livestock: means cattle, mature cow/calf pairs, youngstock, heifers, bulls, swine, sheep, goats, horses, or any other number and type of domestic animal that the Secretary deems livestock. See
• Livestock: means cattle, swine, sheep, goats, and horses, or any other number and type of domestic animal that the Secretary deems livestock. See
• Magistrate: shall mean any Supreme Court Justice, Superior judge, District judge, or Probate judge. See
• Manure: means livestock waste in solid or liquid form that may also contain bedding, spilled feed, water, or soil. See
• Market: means any area designated by the Board as a natural marketing area. See
• Medium farm: is a n AFO that houses 200 to 699 mature dairy animals; 300 to 999 cattle or cow/calf pairs; 300 to 999 veal calves; 750 to 2,499 swine weighing over 55 pounds; 3,000 to 9,999 swine weighing less than 55 pounds; 150 to 499 horses; 3,000 to 9,999 sheep or lambs; 16,500 to 54,999 turkeys; 9,000 to 29,999 laying hens or broilers with a liquid manure handling system; 25,000 to 81,999 laying hens without a liquid manure handling system; 37,500 to 124,999 chickens other than laying hens without a liquid manure handling system; 1,500 to 4,999 ducks with a liquid manure handling system; or 10,000 to 29,999 ducks without a liquid manure handling system. See
• Milk plant: is a ny place, premises, or establishment where milk or dairy products are collected, assembled, handled, processed, stored, pasteurized, packaged, or prepared for distribution. See
• Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
• Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
• Municipality: means a county, city, village, town, or any other political subdivision of this State and any public corporation, authority, or district of this State that is or may be authorized by law to acquire, establish, construct, maintain, improve, or operate transportation facilities or services. See
• Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
• National Conference on Interstate Milk Shipments: means the national nonprofit organization of that same name, or its successor in interest, that deliberates and votes on proposals submitted by individuals from state or local regulatory agencies, the U. See
• NRCS: means the "Natural Resources Conservation Service" formerly named the "Soil Conservation Service" of the U. See
• Oath: A promise to tell the truth.
• Oath: shall include affirmation where by law an affirmation may be substituted. 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.
• Office: means the Office of Professional Regulation. See
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, including a trustee, receiver, assignee, or other similar representative. See
• Person: means individuals, corporations, partnerships, trusts, associations, cooperatives, and any and all other business units or entities. 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
• Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
• 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.
• Political subdivision: means any county, city, town, or other municipality. See
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• producer: is a person, partnership, unincorporated association, or corporation who owns or controls one or more cows, dairy goats, dairy sheep, or water buffalo and sells or offers for sale a part or all of the milk produced by the animals. See
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Quorum: The number of legislators that must be present to do business.
• RAPs: means "Required Agricultural Practices" as defined by the Secretary of Agriculture, Food and Markets pursuant to subchapter 1 of this chapter. See
• real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Secretary: means the Secretary of Transportation. See
• Secretary: means Secretary of Agriculture, Food and Markets or his or her authorized agent. See
• Secretary: means the Secretary of Agriculture, Food and Markets. See
• Secretary: means the Secretary of Agriculture, Food and Markets. See
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Small farm: is a n AFO that houses no more than 199 mature dairy animals; 299 cattle or cow/calf pairs; 299 veal calves; 749 swine weighing over 55 pounds; 2,999 swine weighing less than 55 pounds; 149 horses; 2,999 sheep or lambs; 16,499 turkeys; 8,999 laying hens or broilers with a liquid manure handling system; 24,999 laying hens without a liquid manure handling system; 37,499 chickens other than laying hens without a liquid manure handling system; 1,499 ducks with a liquid manure handling system; or 9,999 ducks without a liquid manure handling system. 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
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Surface water: means all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, and all bodies of surface waters that are contained within, flow through, or border upon the State or any portion of it. See
• sworn: shall include affirmed. See
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. 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.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Venue: The geographical location in which a case is tried.
• Village: shall mean an incorporated village. See
• Withdrawal: means the intentional diversion from a surface water by pumping, gravity, or other method for the purpose of being used for irrigation for farming, livestock watering, or other uses for farming. See