Terms Used In Vermont Statutes Title 10 Sec. 1936

  • Fraud: Intentional deception resulting in injury to another.
  • Person: means any individual, partnership, company, corporation, association, unincorporated association, joint venture, trust, municipality, the State of Vermont, or any agency, department, or subdivision of the State, federal agency, or any other legal or commercial entity. See
  • Secretary: means the Secretary of Natural Resources or the Secretary's duly authorized representative. 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
  • Tank integrity demonstration: means a test or a series of tests or other appropriate procedures prescribed by the Secretary to ascertain the condition of an underground storage tank and its surroundings. See

§ 1936. Licensure of tank inspectors

(a) The Secretary may establish a process for licensing persons to perform tank integrity demonstrations, as provided by this section. Under that process, the Secretary shall charge a fee, in accordance with 3 V.S.A. § 2822. The Secretary shall license persons who demonstrate to the satisfaction of the Secretary that they possess the ability to perform tank integrity demonstrations. This demonstration of ability may consist of written and field examinations and may establish different types of licenses for different types of demonstrations. No person shall be required to obtain a license in order to carry out duties as a State employee.

(b) After offering opportunity for hearing before the Secretary or a hearing officer, the Secretary may revoke the license of any tank inspector who has committed fraud or deceit in obtaining licensure or submitting an application or who has demonstrated gross negligence or incompetence in performing a tank integrity demonstration or in other work relating to a tank integrity demonstration. (Added 1985, No. 66, § 1; amended 1987, No. 76, § 7; 1991, No. 85, § 3.)