Vermont Statutes Title 9 Sec. 3882
Terms Used In Vermont Statutes Title 9 Sec. 3882
- 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.
- Conviction: A judgement of guilt against a criminal defendant.
- Criminal history record: means all information documenting a natural person's contact with the criminal justice system, including data regarding identification, arrest or citation, arraignment, judicial disposition, custody, and supervision. See
- Disqualifying offense: means :
- 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
- Precious metal: means used gold, silver, platinum, palladium, coins sold for more than face value, jewelry, or similar items, but does not include an antique. 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
§ 3882. Certification required
(a) Certification from the Department of Public Safety is required to conduct business as a precious metal dealer in this State.
(b) An application for certification shall include for each applicant and its principals:
(1) the name, address, telephone number, and valid e-mail address or other electronic contact information;
(2) the name of, and the nature of the affiliation with, any business involving the purchase or sale of precious metal within the past five years;
(3) the age, date, and place of birth of each natural person;
(4) the residential address and place of employment of each natural person; and
(5) any crime of which a natural person has been convicted and the date and place of conviction.
(c) The Department shall not issue or renew a certification if an applicant or one of its principals has been convicted on or after January 1, 2015 of a disqualifying offense.
(d)(1) Prior to issuing or renewing a certification pursuant to this section, the Department shall obtain a Vermont criminal history record, an out-of-state criminal history record, and a criminal history record from the Federal Bureau of Investigation for an applicant and each of its principals.
(2) A person for whom a record is requested shall consent to the release of criminal history records to the Department on forms substantially similar to the release forms developed in accordance with 20 V.S.A. § 2056c.
(3) Upon obtaining a criminal history record, the Department shall promptly provide a copy of the record to the person who is the subject of the record and shall inform the person of the right to appeal the accuracy and completeness of the record pursuant to rules adopted by the Department.
(4) The Department shall comply with all laws regulating the release of criminal history records and the protection of individual privacy.
(5) No person shall confirm the existence or nonexistence of criminal history record information to any person who would not be eligible to receive the information pursuant to this chapter. (Added 2013, No. 196 (Adj. Sess.), § 3, eff. Jan. 1, 2015.)