Terms Used In Vermont Statutes > Title 16 > Chapter 5 > Subchapter 4 - Access to Criminal Records

• Accept: means to solicit, receive, or agree to receive. See
• Accumulated contributions: shall mean the sum of all the amounts deducted from the compensation of a member and credited to his or her individual account in the Pension Fund, together with regular interest thereon, as provided in subsection 1944(b) of this title. See
• Actuarial equivalent: shall mean a benefit of equal value under the actuarial assumptions last adopted by the Retirement Board under subsection 1943a(h) of this title. See
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• agency: means all State offices that provide public assistance, all State offices that provide State-funded programs primarily engaged in providing services to persons with disabilities, any federal and nongovernmental offices that have agreed to be designated by the Secretary as a voter registration agency, and any State or local agency designated by the Secretary as a voter registration agency. See
• Agency of Education: means the Secretary and staff necessary to carry out the functions of the Agency. 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.
• Amortization: Paying off a loan by regular installments.
• Annual meeting: when applied to towns shall mean the annual town meeting in March or an adjournment thereof. See
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Annuity: shall mean annual payments for life derived from the accumulated contributions of a member. See
• 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.
• Applicant: means an individual applying for a license. 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 independent school: means an independent school that is approved under section 166 of this title. See
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Australian ballot: includes any ballots counted by a vote tabulator approved for use in any election conducted in the State. See
• Average final compensation: shall mean :

• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: shall mean any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by the System. See
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• between: as used in this title in respect to a specified age of a student, shall mean the period of time commencing on the birthday of the child when he or she becomes the age first specified and ending on the day next preceding the birthday of the child when he or she becomes the age last specified. See
• biennially: shall mean the year in which a regular session of the General Assembly is held. See
• Board: shall mean the board of trustees of the System provided for in section 1942 of this title to administer the System. See
• Board of civil authority: means , unless otherwise provided by municipal charter, in the case of a town, the selectboard and town clerk and the justices residing therein; in the case of a city, the mayor, aldermen, city clerk, and justices residing therein; in the case of a village, the trustees, village clerk, and the justices residing therein; and, in any case, such suitable member or members of unrepresented or insufficiently represented political parties as may be appointed members of the board of civil authority under the provisions of section 2143 of this title. See
• Candidate: means an individual who has taken any affirmative action to become a candidate for public office. See
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• 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.
• 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.
• Creditable service: shall mean membership service, any other service allowable under this chapter, and service transferred under 3 V. See
• Criminal record: means the record of:

• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dependent: A person dependent for support upon another.
• 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
• Earnable compensation: shall mean the full rate of compensation for the performance of professional services paid to a teacher when the teacher works the full normal working time for his or her position, in whatever manner paid, plus all additional wages received by a teacher for duties performed that provide direct educational value to the students. See
• Election: means the procedure whereby the voters of this State, or any of its political subdivisions, select persons to fill public offices or act on public questions. See
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Endorsement: means the grade level and field in which an educator is authorized to serve. See
• 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.
• Executor: A male person named in a will to carry out the decedent
• Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
• filed: means deposited in the regularly maintained office of the official with whom the filing is to be made. 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
• Fraud: Intentional deception resulting in injury to another.
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gender-affirming health care readiness: means each institution's preparedness to provide gender-affirming health care services to students or assist students in obtaining gender-affirming health care services, including having in place equipment, protocols, patient educational materials, informational websites, and training for staff; provided, however, that gender-affirming health care readiness may include the provision of gender-affirming health care services. See
• General election: means the election held on the first Tuesday after the first Monday in November, in even-numbered years. See
• general election: as used in this chapter , shall be deemed to include a special election, unless the context requires a different interpretation. See
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Give: means to offer, present, confer, pay, or deliver; also to agree or promise to do any of the foregoing. See
• Group A member: any person who is first included in the membership of the System prior to July 1, 1981. See
• Group C member: any person who is first included in the membership of the System on or after July 1, 1990, any person who was a Group B member on June 30, 1990 who was in service on that date, and any person who was a Group B member on June 30, 1990 who was absent from service on that date who returns to service on or after July 1, 1990. See
• Hearing panel: means the persons assigned in individual cases to find facts, reach conclusions of law, and make decisions regarding compliance with standards for obtaining, retaining, and renewing licenses. See
• Independent school: means a school other than a public school, which provides a program of elementary or secondary education, or both. See
• Institution: means the University of Vermont or a college in the Vermont State College system. See
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• 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.
• 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
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legislative body: means the selectboard in the case of a town; the city council, mayor, and alder board in the case of a city; the trustees or bailiffs in the case of a village; the school board in the case of a school district; and the prudential committee in the case of a fire district. See
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means a license to engage in teaching or school administration, as the context requires, in the State and includes, unless the context requires otherwise, the endorsements the licensee has applied for or possesses. See
• Licensee: means an individual licensed under this chapter. See
• Local election: means any election that deals with the selection of persons to fill public office or the settling of public questions solely within a single municipality. See
• maximum allowance: shall mean the sum of the annuity and the pension. See
• Medical Board: shall mean the board of physicians provided for in subsection 1942(k) of this title. See
• Member: shall mean any person included in the System pursuant to section 1933 of this chapter. See
• Membership service: shall mean service as a member for which credit is allowable as provided in subsection 1936(a) of this title. See
• Military service: means active service by any person, as a member of any branch or department of the U. See
• minor political party: is a ny political party that is not a major political party. See
• 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: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
• Oath: shall include affirmation where by law an affirmation may be substituted. See
• Oath: A promise to tell the truth.
• 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 within the Agency responsible for professional standards and educator licensing. See
• Participating employee: means a school employee who is eligible for and has elected to receive health benefit coverage through a school employer. See
• Pension: shall mean annual payments for life derived from money provided by the State. See
• Person: means any individual, business entity, labor organization, public interest group, or other organization, incorporated or unincorporated. 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
• Personal property: All property that is not real property.
• 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 party: is a ny group of individuals that has organized and filed its certificate of organization with the Secretary of State, pursuant to chapter 45 of this title. See
• Political subdivision: means any county, municipality (including cities, towns, and villages), representative district, senatorial district, school district, fire district, water, sewer, or utility district, ward, and any consolidation of the foregoing entities authorized under the laws of this State. See
• prekindergarten education: means services designed to provide developmentally appropriate early development and learning experiences based on Vermont's early learning standards to children who are three to four years of age and to five-year-old children who are not eligible for or enrolled in kindergarten. See
• 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.
• Primary: means any election that precedes a general or special election, for the purpose of permitting political parties to nominate, from among all of the candidates for any office, only that number of candidates equal to the number of persons to be elected to that office at the succeeding general or special election. See
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Public school: means an elementary school or secondary school operated by a school district. See
• Quorum: The number of legislators that must be present to do business.
• 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
• Regular interest: shall mean interest at such rate as may be established from time to time by the Board as provided in subsection 1943(b) of this title. 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.
• Representative district clerk: means , in each representative district, the clerk of that town or part of a town having the largest population in the district. See
• Reproductive health care readiness: means each institution's preparedness to provide reproductive health care services to students or assist students in obtaining reproductive health care services, including having in place equipment, protocols, patient educational materials, informational websites, and training for staff; provided, however, that reproductive health care readiness may include the provision of reproductive health care services. See
• Resident: means a natural person who is domiciled in this State as evidenced by an intent to maintain a principal dwelling place in the State indefinitely and to return there if temporarily absent, coupled with an act or acts consistent with that intent. See
• Retirement: shall mean withdrawal from active service with a retirement allowance granted under the provisions of this chapter. See
• Retirement System: shall mean the State Teachers' Retirement System of Vermont, as defined in section 1932 of this title. See
• said: when used by way of reference to a person or thing shall apply to the same person or thing last mentioned. See
• School board: means the board of school directors elected to manage the schools of a school district, the prudential committee of an incorporated school district, the supervisory union board of directors, and the supervisors of unorganized towns and gores. See
• School board: means the board of school directors of a school district or its equivalent in any independent school. See
• School district: means town school districts, union school districts, interstate school districts, city school districts, unified union districts, and incorporated school districts, each of which is governed by a publicly elected board. See
• School district: means , unless the context otherwise clearly requires, a school district or a supervisory union. See
• School employee:

• School employer: means a supervisory union or school district as those terms are defined in section 11 of this title. See
• School year: means the year beginning July 1 and ending the next June 30. See
• seal: shall include an impression of the official seal made upon paper alone or by means of a wafer or wax affixed thereto. See
• Secretary: means the Secretary of State. See
• Secretary: means the Secretary of Education. See
• Senatorial district clerk: means the county clerk for those towns within a senatorial district aggregating the largest population. See
• Service: shall mean all service as a teacher for which compensation is received. See
• 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.
• Special election: means an election that is not provided for by law to be held at stated intervals. See
• Standards Board: means the Vermont Standards Board for Professional Educators established under section 1693 of this title. See
• State: shall mean the State of Vermont. 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
• State Board: means the State Board of Education established by chapter 3 of this title. See
• State office: means the office of Governor, Lieutenant Governor, State Treasurer, Secretary of State, Auditor of Accounts, and Attorney General. See
• Statute: A law passed by a legislature.
• Superintendent: means the chief executive officer of a supervisory union and each school board within it. See
• Supervisory union: means an administrative, planning, and educational service unit created by the State Board under section 261 of this title, that consists of two or more school districts; if the context clearly allows, the term also means a supervisory district. See
• sworn: shall include affirmed. See
• Teacher: shall mean any licensed teacher, principal, supervisor, superintendent, or any professional licensed by the Vermont Standards Board for Professional Educators who is regularly employed, or otherwise contracted if following retirement, for the full normal working time for his or her position in a public day school or school district within the State, or in any school or teacher-training institution located within the State, controlled by the State Board of Education, and supported wholly by the State; or in certain public independent schools designated for such purposes by the Board in accordance with section 1935 of this title. See
• Teacher: means an individual licensed under this chapter the majority of whose employed time in a public school district or supervisory union is assigned to furnish to students direct instructional or other educational services, as defined by rule of the Standards Board, or who is otherwise subject to licensing as determined by the Standards Board. See
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Town: includes "city. See
• Town clerk: means a town officer elected pursuant to section 2646 of this title or otherwise elected or appointed by law and performing those duties prescribed by 24 Vt. See
• Trustee: A person or institution holding and administering property in trust.
• Unsupervised: means not in the presence of a responsible adult in the employ of or under the direction of the independent school or school district. See
• User agreement: means an agreement between the Vermont Crime Information Center and a party requesting and receiving criminal record information that requires the party to comply with all federal and State laws, rules, regulations, and policies regulating the release of criminal record information and the protection of individual privacy. See
• Village: shall mean an incorporated village. See
• Vote tabulator: means a machine that registers and counts paper ballots and includes optical scan tabulators. See
• Voter: means an individual who is qualified to vote in an election in this State or a political subdivision of this State, and whose name is registered on the checklist of a political subdivision of the State. See
• Year: means a calendar year. See