Terms Used In Vermont Statutes Title 26 Sec. 1212

  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Director: means the Director of the Office of Professional Regulation. See
  • Disposition facility: means a business registered with the Office conducted at a specific street address or location devoted to the disposition of human remains by means of cremation, alkaline hydrolysis, or natural organic reduction. 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

§ 1212. Advisor appointees; Director duties; rules

(a)(1) The Secretary of State shall appoint four persons for five-year staggered terms to serve at the Secretary’s pleasure as advisors in matters relating to funeral service. Three of the initial appointments shall be for four-, three-, and two-year terms. Appointees shall include three licensed funeral directors, one of whom is a licensed embalmer and one of whom has training or experience in the operation of a disposition facility. One appointee shall be a public member.

(2) The Director shall seek the advice of the advisor appointees in carrying out the provisions of this chapter.

(b) The Director shall:

(1) adopt rules establishing requirements for facilities used for embalming and preparation of dead human bodies, including the use of universal precautions. Rules adopted under this subdivision shall be submitted to the Commissioner of Health before the proposed rule is filed with the Secretary of State under 3 Vt. Stat. Ann. chapter 25;

(2) adopt rules governing professional standards, standards for disclosure of prices, and a description of the goods and services that will be provided for those prices not inconsistent with Federal Trade Commission regulations regarding funeral industry practices and unfair or deceptive business practices;

(3) provide general information to applicants for licensure;

(4) explain appeal procedures to licensees and applicants and complaint procedures to the public;

(5) issue licenses to qualified applicants under this chapter; and

(6) adopt rules regarding:

(A) minimum standards for disposition facilities, including standards for permits and documentation, body handling, containers, infectious diseases, pacemakers, body storage, sanitation, equipment and maintenance, dealing with the public, and other measures necessary to protect the public; and

(B) the transaction of business as the Director deems necessary.

(7) [Repealed.]

(8) [Repealed.] (Amended 1969, No. 239 (Adj. Sess.), § 9; 1973, No. 236 (Adj. Sess.), § 4; 1991, No. 219 (Adj. Sess.), § 3, eff. May 28, 1992; 1995, No. 138 (Adj. Sess.), § 1; 1997, No. 40, § 22; 2001, No. 151 (Adj. Sess.), § 11, eff. June 27, 2002; 2005, No. 27, § 38; 2009, No. 35, § 16; 2017, No. 144 (Adj. Sess.), § 15; 2021, No. 169 (Adj. Sess.), § 20, eff. January 1, 2023.)