2011 Vermont Code
Title 26 Professions and Occupations
Chapter 57 REVIEW OF LICENSING STATUTES, BOARDS, AND COMMISSI
§ 3104 Process for review

§ 3104. Process for review

(a) Either house of the general assembly may designate, by resolution, a regulatory law or an issue that affects professions and occupations generally to be reviewed by the legislative council staff. The staff shall base its review on the criteria and standards in section 3105 of this title.

(b) The review may also include the following inquiries:

(1) the extent to which the board's actions have been in the public interest and consistent with legislative intent;

(2) the extent to which the board's rules are complete, concise and easy to understand;

(3) the extent to which the board's standards and procedures are fair and reasonable and accurately measure an applicant's qualifications;

(4) the way in which the board receives, investigates and resolves complaints from the public;

(5) the extent to which the board has sought ideas from the public and from those it regulates, concerning reasonable ways to improve the service of the board and the profession or occupation regulated;

(6) the extent to which the board gives adequate public notice of its hearings and meetings and encourages public participation;

(7) whether the board makes efficient and effective use of its funds, and meets its responsibilities;

(8) whether the board has sufficient funding to carry out its mandate.

(c) The legislative council staff shall give adequate notice to the public, the board and the appropriate professional societies that it is reviewing a particular law and board. Notice to the board and the professional societies shall be in writing. All information required under section 3107 of this title and data reasonably requested for purposes of the review shall be provided by the boards. The staff shall seek comments and information from the public and from members of the profession or occupation. It also shall give the board a chance to present its position and to respond to any matters raised in the review. The staff, upon its request, shall have assistance from the department of finance and management, the auditor of accounts, the attorney general, the director of the office of professional regulation, the joint fiscal committee or any other state agency.

(d) The legislative council staff shall file a separate written report for each review with the speaker of the house and president of the senate and with the chairman of the appropriate house or senate committee as provided in subsection (f) of this section. The reports shall contain:

(1) findings, alternative courses of action, and recommendations,

(2) a copy of the board's administrative rules, and

(3) appropriate legislative proposals.

(e) The legislative council staff shall send a copy of the report to the board affected, and shall make copies available for public inspection.

(f) The house and senate committees on government operations shall be responsible for overseeing the preparation of reports by the legislative council staff under this chapter.

(g) After considering a report each committee shall send its findings and recommendations, including proposals for legislation, if any, to the house or to the senate, as appropriate. Any proposed licensing law shall be drafted according to a uniform format recommended in the comprehensive plan. (Added 1977, No. 183 (Adj. Sess.), { 1; amended 1981, No. 105, { 2; 1981, No. 227 (Adj. Sess.), { 2; 1985, No. 96, { 3; 1985, No. 255 (Adj. Sess.), { 4; 1989, No. 250 (Adj. Sess.), { 4(d); 1991, No. 241 (Adj. Sess.),§§ 1, 2.)