2009 Vermont Code
Title 23 - Motor Vehicles
Chapter 3 - MOTOR VEHICLE DEPARTMENT (Contains: §§ 101 – 115a)
§ 102 -   Duties of commissioner

§ 102. Duties of commissioner

(a) The commissioner shall:

(1) Register motor vehicles and dealers;

(2) License operators;

(3) File reports received concerning accidents involving motor vehicles;

(4) Prepare full statistics from and preserve, properly filed and indexed, such registrations, operator licenses, and accident reports for three years after their dates;

(5) File and record reports received of convictions and adjudications of persons violating motor vehicle laws;

(6) Keep a record of the suspension and revocation of licenses and registrations;

(7) Prepare full statistics from and preserve, properly filed and indexed, such records of convictions, suspensions, and revocations for at least six years after their dates;

(8) Issue certificates of title for motor vehicles;

(9) Issue nondriver identification cards.

(b) The records enumerated in subsection (a) of this section shall be deemed official records.

(c) The original records enumerated in subsection (a) of this section shall be maintained for two years and may thereafter be maintained on microfilm or by electronic imaging.

(d) The commissioner may authorize background investigations for potential employees that may include criminal, traffic, and financial records checks; provided, however, that the potential employee is notified and has the right to withdraw his or her name from application. Additionally, employees who are authorized to manufacture or produce operators' licenses and identification cards, including enhanced licenses, may be subject to appropriate security clearance if required by federal law, including background investigations that may include criminal and traffic, records checks, and providing proof of United States citizenship. The commissioner may, in connection with a formal disciplinary investigation, authorize a criminal or traffic record background investigation of a current employee; provided, however, that the background review is relevant to the issue under disciplinary investigation. Information acquired through the investigation shall be provided to the commissioner or designated division director, and must be maintained in a secure manner. If the information acquired is used as a basis for any disciplinary action, it must be given to the employee during any pretermination hearing or contractual grievance hearing to allow the employee an opportunity to respond to or dispute the information. If no disciplinary action is taken against the employee, the information acquired through the background check shall be destroyed. (Amended 1969, No. 259 (Adj. Sess.), § 2; No. 297 (Adj. Sess.), § 6, eff. Sept. 1, 1971; 1977, No. 174 (Adj. Sess.), § 1, eff. March 31, 1978; 1979, No. 187 (Adj. Sess.), § 5; 1997, No. 55, § 3, eff. June 26, 1997; 2003, No. 160 (Adj. Sess.), § 37, eff. June 9, 2004; 2007, No. 153 (Adj. Sess.), § 38; No. 188 (Adj. Sess.), § 2.)