Terms Used In Vermont Statutes Title 3 Sec. 129b

  • 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.
  • board: refers to the boards, commissions, and professions listed in section 122 of this subchapter and, in the case of disciplinary matters or denials of licensure, either an administrative law officer appointed under subsection 129(j) of this subchapter or the Director in advisor professions. See
  • Office: means the Office of Professional Regulation. 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

§ 129b. Board member and advisor appointments

(a) Notwithstanding any provision of law to the contrary relating to terms of office and appointments for members of boards attached to the Office of Professional Regulation, all board members appointed by the Governor shall be appointed for staggered five-year terms and shall serve at the pleasure of the Governor. Appointments under this section shall not be subject to the advice and consent of the Senate. The Governor may remove any member of a board as provided in section 2004 of this title. Vacancies created other than by expiration of a term shall be filled in the same manner that the initial appointment was made for the unexpired portion of the term. Terms shall begin on January 1 of the year of appointment and run through December 31 of the last year of the term. The Governor may request nominations from any source but shall not be bound to select board members from among the persons nominated. As provided in section 2004 of this title, board members shall hold office and serve until a successor has been appointed.

(b) Board members shall not serve more than two consecutive terms. Members appointed to fill a vacancy created before the end of a term shall not be deemed to have served a term for purposes of this section.

(c) Boards shall meet annually, in September or the first meeting scheduled thereafter, to elect a chair, vice chair, and secretary.

(d) Meetings may be called by the chair or shall be called upon the request of any other two board members.

(e) Meetings shall be warned and conducted in accordance with 1 Vt. Stat. Ann. chapter 5, the Open Meeting Law.

(f) Notwithstanding any provisions of law to the contrary, board members and advisors for all professions attached to the Office of Professional Regulation shall be entitled to compensation, at a rate provided in 32 V.S.A. § 1010 , for performance of official duties and other duties directly related to the efficient conduct of necessary business of a board or the Office.

(g) For advisor professions:

(1) Advisors shall be appointed by the Secretary of State and shall serve at the pleasure of the Secretary of State. Advisor appointments shall be subject to the same conditions as those for board members under this section.

(2) The Office shall warn and conduct an open meeting including advisors, program staff, and interested members of the public:

(A) at least once per year for each profession with 500 or fewer active licensees; and

(B) at least twice per year for each profession with more than 500 active licensees. (Added 1997, No. 40, § 6; amended 1997, No. 145 (Adj. Sess.), §§ 3, 5; 2005, No. 27, § 6; 2007, No. 29, § 2; 2019, No. 30, § 5.)