Vermont Statutes Title 13 Sec. 8008
Terms Used In Vermont Statutes Title 13 Sec. 8008
- Decision-maker: means the State acting through a department, agency, officer, or instrumentality, including a political subdivision, educational institution, board, or commission, or its employees or a government contractor, including a subcontractor, made subject to this chapter by contract, by law other than this chapter, or by ordinance. See
- Discretionary disqualification: means a penalty, disability, or disadvantage that an administrative agency, governmental official, or court in a civil proceeding is authorized, but not required, to impose on an individual on grounds relating to the individual's conviction of an offense. See
- Offense: means a felony, misdemeanor, or delinquent act under the laws of this State, another state, or the United States. See
§ 8008. Decision to disqualify
In deciding whether to impose a discretionary disqualification, a decision-maker shall undertake an individualized assessment to determine whether the benefit or opportunity at issue should be denied the individual. In making that decision, the decision-maker may consider, if substantially related to the benefit or opportunity at issue, the particular facts and circumstances involved in the offense and the essential elements of the offense. A conviction itself may not be considered except as having established the elements of the offense. The decision-maker shall also consider other relevant information, including the effect on third parties of granting the benefit or opportunity and whether the individual has been granted relief such as an order of limited relief or a certificate of restoration of rights. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)