Vermont Statutes Title 33 Sec. 7203
Terms Used In Vermont Statutes Title 33 Sec. 7203
- 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.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Facility: means a residential care home, nursing home, assisted living residence, home for persons who are terminally ill, or therapeutic community residence licensed or required to be licensed pursuant to the provisions of this chapter. See
- Licensee: means any person, other than a receiver appointed under this chapter, which is licensed or required to be licensed to operate a facility. See
- Owner: means the holder of the title to the property on or in which the facility is maintained. See
§ 7203. Appointment of temporary receiver
(a) A motion to appoint a temporary receiver may be filed with the complaint or at any time prior to the hearing on the merits provided for in section 7204 of this chapter. The motion shall be accompanied by an affidavit alleging facts necessary to show the grounds for the receivership and the necessity for appointing a temporary receiver prior to the hearing on the merits. A motion for prejudgment attachment under Rule of Civil Procedure 4.1(b)(3) may also be filed with the complaint or at any time prior to the hearing on the merits.
(b) The court may appoint a temporary receiver ex parte when the court finds that there is a reasonable likelihood that:
(1)(A) a licensee intends to close the facility and has not secured suitable placements for its residents prior to closure; or
(B) a situation; a physical condition; or a practice, method, or operation presents imminent danger of death or serious physical or mental harm to residents; and
(2) the situation must be remedied immediately to ensure the health, safety, and welfare of the residents of the facility.
(c) If the order for temporary receivership is granted, the complaint and order shall be served on the owner, licensee, or administrator and shall be posted in a conspicuous place in the facility no later than 24 hours after issuance. (Added 2009, No. 36, § 2.)