2011 Vermont Code
Title 26 Professions and Occupations
Chapter 20 PROFESSIONAL ENGINEERING
§ 1192 Discipline of licensees

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TITLE 26

Professions and Occupations

CHAPTER 20. PROFESSIONAL ENGINEERING

Subchapter IV. Discipline

§ 1192. Discipline of licensees

(a) The board shall accept oral and written complaints from any member of the public, any licensee, any state or federal agency or the attorney general. The board may initiate disciplinary action in any complaint against a licensee and may act without having received a complaint.

(b) The burden of proof shall be on the state to show by a preponderance of the evidence that the licensee has engaged in unprofessional conduct.

(c) After hearing, and upon a finding of unprofessional conduct, the board may:

(1) revoke a license; or

(2) suspend a license.

(d) Before or after hearing, the board may approve a negotiated agreement between the parties when it is in the best interest of the public health, safety or welfare to do so. Such an agreement may include suspension of the respondent. The agreement may also include, without limitation, any of the following conditions or restrictions:

(1) a requirement that a licensee submit to care or counseling;

(2) a restriction that a licensee practice only under supervision of a named person or a person with specified credentials;

(3) a requirement that a licensee participate in continuing education in order to overcome specified practical deficiencies;

(4) a requirement that the scope of practice permitted be restricted to a specified extent.

(e) An agreement under subsection (d) of this section may be modified by the parties provided that any such modification shall be subject to the approval of the board.

(f) An interested party may petition the board for modification of the terms of an order under this section. (Added 1983, No. 188 (Adj. Sess.), { 2.)