Terms Used In Vermont Statutes Title 33 Sec. 7204

  • 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
  • Licensing agency: means the Agency of Human Services or the department or division within the Agency as the Secretary of Human Services may designate. See
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Owner: means the holder of the title to the property on or in which the facility is maintained. 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

§ 7204. Appointment of receiver; notice

(a)(1) Unless the complaint is dismissed as provided for in section 7202 of this chapter or parties agree to a later date, the court shall hold a hearing on the merits to appoint a receiver within 10 days of filing the complaint. The court shall hold a hearing on the merits even when the court has appointed a temporary receiver as provided for in section 7203 of this chapter.

(2) Notice of the hearing shall be served on the owner, the licensee, the mortgage holder, the State Long-Term Care Ombudsman, and the licensing agency not less than five days before the hearing. If the owner or the licensee cannot be served, the court shall specify an alternative form of notice.

(b) The licensee shall post notice of the hearing, in a form approved by the court, in a conspicuous place in the facility for not less than five days before the date of the hearing. (Added 2009, No. 36, § 2.)