§ 3001 § 3001. Definitions
In this chapter the following words mean:
(1) Agency: The agency of human services.
(2) Department: A major component of the agency.
(3) Director: The head of a division of the agency.
(4) Division: A major component of a department engaged in furnishing services to the public or to units of government at levels other than the state level.
(5) Commissioner: The head of a department responsible to the secretary for the administration of the department.
(6) Secretary: The head of the agency, a member of the governor's cabinet and responsible to the governor for the administration of the agency. (1969, No. 272 (Adj. Sess.), § 1, eff. Jan. 10, 1971.)
§ 3002 § 3002. Creation of agency
(a) An agency of human services is created consisting of the following:
(1) The department of corrections.
(2) The department for children and families.
(3) The department of health.
(4) The department of disabilities, aging, and independent living.
(5) The human services board.
(6) The department of Vermont health access.
(7) The department of mental health.
(b) The following units are attached to the agency for administrative support:
(1) Vermont veterans' home.
(2) Governor's committee on children and youth.
(3) Interdepartmental council on aging.
(4)-(17) [Repealed.]
(18) Governor's committee on employment of the handicapped.
(19) [Repealed.]
(20) [Repealed.]
(c) Units attached to the agency for administrative support shall receive, and shall use, the services provided by the administrative services division of the agency under section 3086 of this title. (1969, No. 272 (Adj. Sess.), § 2, eff. Jan. 10, 1971; amended 1971, No. 53, § 3; 1971, No. 198 (Adj. Sess.), § 1, eff. March 31, 1972; 1973, No. 101, § 3; 1973, No. 174 (Adj. Sess.), § 3; No. 236 (Adj. Sess.), § 2; No. 258 (Adj. Sess.), § 2; No. 267 (Adj. Sess.), § 8; 1975, No. 111, § 5; 1975, No. 247 (Adj. Sess.), § 2; 1983, No. 130 (Adj. Sess.), § 2; 1989, No. 187 (Adj. Sess.), § 2; No. 219 (Adj. Sess.), § 9(a); No. 221 (Adj. Sess.), § 11; 1995, No. 174 (Adj. Sess.), § 3; 1999, No. 147 (Adj. Sess.), § 4; 2003, No. 122 (Adj. Sess.), § 106; 2005, No. 45, § 1; 2005, No. 148 (Adj. Sess.), § 54; 2007, No. 15, § 2; 2009, No. 156 (Adj. Sess.), § I.5.)
§ 3003 § 3003. Advisory capacity
(a) All boards and commissions which under this chapter are a part of or are attached to the agency shall be advisory only, except as hereinafter provided, and the powers and duties of the boards and commissions, including administrative, policy making and regulatory functions, shall vest in and be exercised by the secretary of the agency.
(b) Notwithstanding subsection (a) of this section the board of health shall retain and exercise all powers and functions given to the board by law of quasi-judicial nature, including the power to conduct hearings, to adjudicate controversies, and to issue and enforce orders, in the manner and to the extent provided by law. Boards of registration attached to this agency shall retain and exercise all existing authority with respect to licensing and maintenance of the standards of the persons registered. (1969, No. 272 (Adj. Sess.), § 3, eff. Jan. 10, 1971.)
§ 3004 § 3004. Personnel designation
The secretary, deputy secretary, commissioners, deputy commissioners, attorneys, directors of the offices of state economic opportunity, of alcohol and drug abuse programs, and of child support, and all members of boards, committees, commissions, or councils attached to the agency for support are exempt from the classified state service. Except as authorized by section 311 of this title or otherwise by law, all other positions shall be within the classified service. (1969, No. 272 (Adj. Sess.), § 6(b), eff. Jan. 10, 1971; amended 1979, No. 110 (Adj. Sess.); 1981, No. 12, eff. March 27, 1981; 1989, No. 219 (Adj. Sess.), § 9(a), (c); 1993, No. 227 (Adj. Sess.), § 9; 2005, No. 45, § 2; 2009, No. 156 (Adj. Sess.), § I.6.)
§ 3021 § 3021. Appointment and salary
(a) The agency shall be under the direction and supervision of a secretary, who shall be appointed by the governor with the advice and consent of the senate and shall serve at the pleasure of the governor.
(b) [Repealed.] (1969, No. 272 (Adj. Sess.), § 4(a), (c), eff. Jan. 10, 1971; amended 1971, No. 191 (Adj. Sess.), § 16.)
§ 3022 § 3022. Budget and report
The secretary shall be responsible to the governor and shall plan, coordinate, and direct the functions vested in the agency. (Added 1969, No. 272 (Adj. Sess.), § 4(b), eff. Jan. 10, 1971; amended 2009, No. 33, § 9.)
§ 3023 § 3023. Deputy secretary
(a) The secretary, with the approval of the governor, may appoint a deputy to serve at his or her pleasure and to perform such duties as the secretary may prescribe. The deputy shall be exempt from the classified service. The appointment shall be in writing and shall be filed in the office of the secretary of state.
(b) The deputy secretary shall discharge the duties and responsibilities of the secretary in the secretary's absence. In case a vacancy occurs in the office of the secretary, the deputy shall assume and discharge the duties of office until the vacancy is filled. (1969, No. 272 (Adj. Sess.), § 4(d), eff. Jan. 10, 1971; amended 1987, No. 243 (Adj. Sess.), § 24, eff. June 13, 1988.)
§ 3024 § 3024. Advisory councils or committees
The secretary, with the approval of the governor, may create such advisory councils or committees as he deems necessary within the agency, and appoint their members for terms not exceeding his. (1969, No. 272 (Adj. Sess.), § 4(g), eff. Jan. 10, 1971.)
§ 3025 § 3025. Transfer of personnel and appropriations
(a) The secretary, with the approval of the governor, may transfer classified positions between state departments and other components of the agency, subject only to personnel laws and rules.
(b) The secretary, with the approval of the governor, may transfer appropriations or parts thereof between departments and other components in the agency, consistent with the purposes for which the appropriation was made. (1969, No. 272 (Adj. Sess.), § 4(e), (f), eff. Jan. 10, 1971.)
§ 3026 § 3026. Partnerships for children, families, and individuals
(a) The secretary of human services, the commissioner of education, and the president of the University of Vermont shall establish a research partnership to study and make recommendations for improving the effectiveness of state and local health, human services, and education programs. Critical program outcomes relating to the well-being of Vermonters that should be addressed by the research partnership may include, without limitation, the following:
(1) Children, families, and individuals are engaged in and contribute to their community's decisions and activities.
(2) Pregnant woman and children thrive.
(3) Children are ready for school.
(4) Children succeed in school.
(5) Children live in stable, supported families.
(6) Youth choose healthy behaviors.
(7) Youth successfully transition to adulthood.
(8) Elders and people with disabilities live with dignity and independence in settings they prefer.
(9) Families and individuals live in safe and supportive communities.
(10) Adults lead healthy and productive lives.
(b) The secretary of human services and the commissioner of education shall collaborate with regional partnerships for children, families, and individuals in each of the geographical regions of the state. Regional partnerships consist of citizens, consumers of health, human services, and education programs, family members, governmental agencies and nongovernmental organizations providing health, education, and human services, economic development representatives and business leaders, and any other individuals and groups who can contribute to the activities of the regional partnership. Regional partnerships shall develop and implement local strategies for improving the social well-being of Vermonters, and shall advise the agency of human services and the department of education concerning effective implementation of state and local health, human services, and education programs.
(c) The secretary of human services and the commissioner of education shall collaborate with the state team for children, families, and individuals, consisting of representatives of the agencies and departments of state government which serve children, families, and individuals, state coordinators of interagency teams, directors of private sector service and advocacy organizations, institutions of higher education, coordinators for the regional partnerships, and any other individual or group who can contribute to the activities of the state team. The state team shall support the activities of the regional partnerships, and participate in the development and implementation of state policies and programs designed to improve the well-being of Vermonters.
(d) [Repealed.] (Added 2001, No. 63, § 97; amended 2001, No. 142 (Adj. Sess.), § 119; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012.)
§ 3051 § 3051. Commissioners; deputy commissioners; appointment; term
(a) The secretary, with the approval of the governor, shall appoint a commissioner of each department, who shall be the chief executive and administrative officer and shall serve at the pleasure of the secretary.
(b) For the department of health, the secretary, with the approval of the governor, shall appoint deputy commissioners for the following divisions of the department:
(1) public health;
(2) substance abuse.
(c) For the department for children and families, the secretary, with the approval of the governor, shall appoint deputy commissioners for the following divisions of the department:
(1) economic services;
(2) child development;
(3) family services.
(d) For the department of Vermont health access, the secretary, with the approval of the governor, shall appoint deputy commissioners for the following divisions of the department:
(1) Medicaid health services and managed care;
(2) Medicaid policy, fiscal, and support services;
(3) health care reform;
(4) Vermont health benefit exchange.
(e) Deputy commissioners shall be exempt from the classified service. Their appointments shall be in writing and shall be filed in the office of the secretary of state. (1969, No. 272 (Adj. Sess.), § 5(a), eff. Jan. 10, 1971; amended 2003, No. 122 (Adj. Sess.), § 106a; 2005, No. 45, § 3; 2007, No. 15, § 3; 2007, No. 172 (Adj. Sess.), § 1; 2011, No. 63, § E.306.1.)
§ 3052 § 3052. Mandatory duties
(a) The commissioner shall determine the policies of the department, and may exercise the powers and shall perform the duties required for its effective administration.
(b) In addition to other duties imposed by law, the commissioner shall:
(1) Administer the laws assigned to the department.
(2) Coordinate and integrate the work of the divisions.
(3) Supervise and control all staff functions. (1969, No. 272 (Adj. Sess.), § 5(b), (c), eff. Jan. 10, 1971.)
§ 3053 § 3053. Permissive duties; approval of secretary
The commissioner may, with the approval of the secretary:
(1) Transfer appropriations or parts thereof within or between divisions, consistent with the purposes for which the appropriation was made.
(2) Transfer classified positions within or between divisions subject only to state personnel laws and regulations.
(3) Cooperate with the appropriate federal agencies and administer federal funds in support of programs within the department.
(4) Submit plans and reports, and in other respects comply with federal law and regulations which pertain to programs administered by the department.
(5) Make regulations consistent with law for the internal administration of the department and its programs.
(6) Appoint a deputy commissioner.
(7) Create such advisory councils or committees as he or she deems necessary within the department, and appoint their members, for a term not exceeding that of the commissioner.
(8) Provide training and instructions for any employees of the department, at the expense of the department, in educational institutions or other places.
(9) Organize, reorganize, transfer or abolish divisions, staff functions or sections within the department. This authority shall not extend to divisions or other bodies created by law. (1969, No. 272 (Adj. Sess.), § 5(d), eff. Jan. 10, 1971.)
§ 3054 § 3054. Directors
(a) A director shall administer each division within the agency. The commissioners, with the approval of the secretary, shall appoint the directors for divisions which are part of a department, and the secretary shall appoint any other directors. All directors shall be appointed subject to the provisions of section 14 of this act.
(b) Each division and its officers shall be under the direction and control of the appointing authority except with regard to judicial or quasi-judicial acts or duties vested in them by law.
(c) No rule or regulation may be issued by a director of a division without the approval of the appointing authority. (1969, No. 272 (Adj. Sess.), § 6(a), (c), (d), eff. Jan. 10, 1971.)
§ 3081 § 3081. Department of corrections
The department of corrections is created within the agency of human services as the successor to and the continuation of the department of corrections. (1969, No. 272 (Adj. Sess.), § 7, eff. Jan. 10, 1971.)
§ 3082 § 3082. Department of health
The department of health is created within the agency of human services as the successor to and the continuation of the department of health. (1969, No. 272 (Adj. Sess.), § 9, eff. Jan. 10, 1971; amended 1987, No. 76, § 18; 1995, No. 113 (Adj. Sess.), § 1; 2003, No. 122 (Adj. Sess.), § 106b; 2007, No. 15, § 4.)
§ 3083 § 3083. Department of developmental and mental health services
The department of developmental and mental health services is created within the agency of human services as the successor to and the continuation of the department of mental health. (1969, No. 272 (Adj. Sess.), § 11, eff. Jan. 10, 1971; amended 1989, No. 187 (Adj. Sess.), § 3; 1995, No. 174 (Adj. Sess.), § 3.)
§ 3084 § 3084. Department for children and families
(a) The department for children and families is created within the agency of human services as the successor to and the continuation of the department of social and rehabilitation services, the department of prevention, assistance, transition, and health access, excluding the department of Vermont health access, the office of economic opportunity, and the office of child support. The department shall also include a division of child development programs.
(b) An investigations unit is created within the department for children and families as the successor to and continuation of the investigation functions of the social services division of the department of social and rehabilitation services under chapter 49 of Title 33. (1969, No. 272 (Adj. Sess.), § 10, eff. Jan. 10, 1971; amended 1973, No. 152 (Adj. Sess.), § 1, eff. April 14, 1974; 1977, No. 208 (Adj. Sess.), § 3; 1983, No. 221 (Adj. Sess.), § 1; 1989, No. 219 (Adj. Sess.), § 8a; 1999, No. 147 (Adj. Sess.), § 4; 2003, No. 122 (Adj. Sess.), § 106c; 2009, No. 156 (Adj. Sess.), § I.7.)
§ 3085 § 3085. Repealed. 2005, No. 174 (Adj. Sess.), § 140(1).
§ 3085a § 3085a. Department of disabilities, aging, and independent living
The department of disabilities, aging, and independent living is created within the agency of human services as the successor to and continuation of the department of aging and disabilities, the developmental services division of the department of developmental and mental health services, and the personal care and hi-tech programs in the former department of prevention, assistance, transition, and health access to manage programs and to protect the interests of older Vermonters and Vermonters with disabilities. It shall serve as the state unit on aging, as provided by the Older Americans Act of 1965, as amended, and it shall serve as the administrative home within the agency of human services for the designated state agencies for federal vocational rehabilitation and independent living programs, as provided by the Rehabilitation Act of 1973, as amended. (Added 1989, No. 219 (Adj. Sess.), § 1; amended 2003, No. 122 (Adj. Sess.), § 106d; 2005, No. 45, § 4; 2005, No. 174 (Adj. Sess.),
§ 5.)
§ 3085b § 3085b. Commission on alzheimer's disease and related disorders
(a) The commission on Alzheimer's disease and related disorders is created.
(b) The commission shall be composed of 17 members: the commissioner of disabilities, aging, and independent living or a designee, one senator chosen by the committee on committees of the senate, one representative chosen by the speaker of the house, and 14 members appointed by the governor. The members appointed by the governor shall represent the following groups: physicians, social workers, nursing home managers, the clergy, adult day center providers, the business community, registered nurses, residential care home operators, family care providers, the home health agency, the legal profession, mental health service providers, the area agencies on aging, and the Alzheimer's association. The members appointed by the governor shall represent, to the degree possible, the five regions of the state.
(c) Members appointed by the governor shall be appointed for terms of three years and shall serve at the pleasure of the governor. A member appointed to fill a vacancy occurring other than by expiration of a term shall be appointed only for the unexpired portion of the term.
(d) Legislative members shall be entitled to compensation and expenses as provided in 2 V.S.A. § 406 for no more than six meetings per year; the remaining members shall be entitled to compensation and expenses as provided in 32 V.S.A. § 1010 for no more than six meetings per year. Payment to legislative members shall be from the appropriation to the legislature. Payment to the remaining members shall be from the appropriation to the department of disabilities, aging, and independent living.
(e) Annually, the commission shall elect its chair and other officers from among its membership and meet upon the call of the chair or a majority of its membership.
(f) The commission shall advise state agencies on matters of state policy relating to Alzheimer's disease and other dementia-related disorders in Vermont for both the public and private sectors. The commission shall:
(1) Evaluate the adequacy of existing services to individuals with Alzheimer's disease and other dementia-related disorders and their families, and conduct studies to identify gaps in these services. These studies may include access to mental health-related services and support for services to families of individuals with Alzheimer's disease.
(2) Identify strategies and recommend resources to expand existing services.
(3) Review or participate in the development of laws, rules and other governmental initiatives which may affect individuals with Alzheimer's disease and other dementia-related disorders, and their families. This may include participation in the development of rules and procedures related to No. 160 of the Acts of the 1995 Adj. Sess. (1996), Medicare and Medicaid, nursing and residential care facilities, adult day centers, special care units, and all community-based services to elders.
(4) Provide advice regarding revisions, coordination of services, accountability and appropriations.
(5) Support the development of expanded community recognition, understanding and capacity to meet the needs of individuals with Alzheimer's disease and dementia-related disorders. This may include development of new technologies to improve access to information for caregivers and practitioners who provide services throughout the state and identification of new models of service and activities related to expansion of community access to information, education and service.
(g) The department of disabilities, aging, and independent living shall provide the commission with administrative support.
(h) [Repealed.] (Added 1999, No. 57, § 1, eff. June 1, 1999; amended 2005, No. 174 (Adj. Sess.), § 6; 2011, No. 7, § 1, eff. April 18, 2011; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012.)
§ 3085c § 3085c. Commission on juvenile justice
(a) The commission on juvenile justice is created as a joint venture between the department of social and rehabilitation services and the department of corrections.
(b) The commission shall be composed of three members:
(1) The juvenile justice director, who shall be chair of the commission.
(2) The commissioner of the department of social and rehabilitation services.
(3) The commissioner of the department of corrections.
(c) The commission on juvenile justice shall have the following duties:
(1) To develop a comprehensive system of juvenile justice for persons under age 21 who commit delinquent or criminal acts, including utilization of probation services, a range of community-based treatment, training and rehabilitation programs, and secure detention and treatment programs when necessary in the interests of public safety, designed with the objective of preparing those persons to live in their communities as productive and mature adults. The program developed by the commission shall be consistent with the policy that a successful juvenile justice system should:
(A) Hold juveniles accountable for their unlawful conduct.
(B) Provide secure and therapeutic confinement to juveniles who pose a danger to the community.
(C) Adequately protect both juveniles and the community.
(D) Provide community-based programs and services that are located as closely as possible to the juvenile's community.
(E) Maintain juveniles in their homes, with adequate support, whenever possible and appropriate.
(F) Use individualized case management plans as the basis for all treatment planning and implementation.
(G) Include the juvenile's family in the case management plan.
(H) Monitor the case management plan to encourage rehabilitation and deter reoffending, providing supervision, service coordination and support where appropriate.
(I) Provide a comprehensive aftercare component, including follow-up and nonresidential postrelease services when juveniles return to their families or communities.
(J) Promote the development and implementation of community-based programs designed to prevent unlawful conduct and to minimize the depth and duration of the juvenile's involvement in the criminal justice system.
(K) Be coordinated with consistency between all departments throughout the state, both with respect to general policy and to particular cases.
(2) To advise state agencies on matters of state policy relating to juvenile justice.
(3) To evaluate the adequacy of existing services to individuals involved in the juvenile justice system and their families, and to conduct studies to identify gaps in these services. These studies may include access to juvenile justice-related services and support for families of individuals involved in the juvenile justice system.
(4) To identify strategies and recommend resources to expand successful existing services.
(5) To review or participate in the development of laws, rules and other governmental initiatives which may affect individuals involved in the juvenile justice system and their families.
(6) To provide advice regarding revisions, coordination of services, accountability and appropriations.
(7) To cooperate with appropriate federal agencies in maximizing the receipt of funds in support of programs relating to juvenile justice, particularly those involving persons charged as youthful offenders under 33 V.S.A. § 5505.
(d)(1) There are established within the commission, and reporting to the juvenile justice director, the following positions:
(A) A prevention specialist, responsible for programs intended to reduce delinquency and crime among juvenile offenders, including mentoring programs, early assessments, substance abuse screening, child care services, afterschool programs, and screening for problems which contribute to delinquency and juvenile crime.
(B) An alternative sanctions specialist, responsible for programs providing alternatives to incarceration, including court diversion, probation, reparative boards, and community justice programs.
(2) The specialists designated under subdivision (1) of this subsection shall:
(A) Work with communities throughout the state, and analyze data and outcomes, to evaluate the efficiency and success of juvenile justice programs.
(B) Monitor the statewide and cross-departmental consistency and coordination of juvenile justice programs, and the development of the comprehensive system of juvenile justice required by this section.
(C) Work in district offices with probation officers, case workers and other personnel of the departments of social and rehabilitation services and of corrections to ensure that state juvenile justice programs and case plans are administered in a manner consistent with the policies of this section, and with the statutes and rules pertaining to each specialty area.
(e) The agency of human services shall provide the commission with administrative support.
(f) The juvenile justice commission, the children and family council for prevention programs, and the governor's cabinet for children and youth shall coordinate activities and, wherever possible, consolidate meetings to promote effective and efficient uses of resources and to minimize duplication.
(g) [Repealed.] (Added 2001, No. 142 (Adj. Sess.), § 118a; amended 2003, No. 57, § 1, eff. June 4, 2003; 2009, No. 33, § 83.)
§ 3086 § 3086. Operations division
(a) The operations division of the agency is created. It shall be administered by a director of administration.
(b) The operations division shall provide the following services to the agency and all its components, including components assigned to it for administration:
(1) Personnel administration;
(2) Financing and accounting activities;
(3) Coordination of filing and records maintenance activities;
(4) Provision of facilities, office space, and equipment and the care thereof;
(5) Requisitioning from the department of buildings and general services of the agency of administration, of supplies, equipment and other requirements;
(6) Management improvement services;
(7) Training;
(8) Information systems and technology; and
(9) Other administrative functions assigned to it by the secretary.
(c) Other provisions of the law notwithstanding, all administrative service functions delegated to other components of the agency shall be performed within the agency by the operations division.
(d) [Repealed.] (1969, No. 272 (Adj. Sess.), § 12, eff. Jan. 10, 1971; amended 1981, No. 108, § 322; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 1997, No. 61, § 267; 1997, No. 155 (Adj. Sess.), § 13; 2003, No. 122 (Adj. Sess.), § 106e; 2005, No. 6, § 84, eff. March 26, 2005; 2005, No. 174 (Adj. Sess.), § 7.)
§ 3087 § 3087. Planning division
(a) The planning division of the agency is created. It shall be administered by a director of planning. The secretary shall appoint the director.
(b) The planning division shall be responsible for:
(1) Centralized strategic planning for all components of the agency.
(2) Coordination of professional and technical planning of the line components of the agency, aiming toward maximum service to the public.
(3) Coordinating activities and plans of the agency with other major agencies and the governor's office.
(4) Preparing multi-year plans and long-range plans and programs to meet problems and opportunities for service to the public.
(5) Other planning functions assigned to it by the secretary. (1969, No. 272 (Adj. Sess.), § 13, eff. Jan. 10, 1971.)
§ 3087a § 3087a. Field services division
The division of field services is created within the agency of human services. The division shall be headed by a director who shall be exempt from the classified service and who shall be appointed by the secretary of human services. (Added 2007, No. 172 (Adj. Sess.), § 2.)
§ 3088 § 3088. Department of Vermont health access
The department of Vermont health access is created within the agency of human services. (Added 2003, No. 122 (Adj. Sess.), § 106f; amended 2009, No. 156 (Adj. Sess.), § I.8.)
§ 3089 § 3089. Department of mental health
The department of mental health is created within the agency of human services as the successor to and the continuation of the division of mental health services of the department of health. The department of mental health shall be responsible for the operation of the Vermont State Hospital, or its successor in interest as defined in subdivision 455(28) of this title. (Added 2007, No. 15, § 5; amended 2011, No. 79 (Adj. Sess.), § 13, eff. April 4, 2012.)
§ 3090 § 3090. Human services board
(a) The human services board is created within the agency of human services as the successor to and the continuation of the present social welfare board. It consists of seven members. The governor, with the advice and consent of the senate, shall appoint members for terms of six years so that not more than three terms expire in the same biennium. The governor shall designate the board's chairman.
(b) The duties of the board shall be to act as a fair hearing board on appeals brought pursuant to section 3091 of this title.
(c) The board shall hold meetings at times and places warned by the chairman on his own initiative or upon request of two board members or the governor. Four members shall constitute a quorum, except that three members shall constitute a quorum at any meeting upon the written authorization of the chairman issued in connection with that meeting.
(d) With the approval of the governor the board may appoint one or more hearing officers, who shall be outside the classified service, and it may employ such secretarial assistance as it deems necessary in the performance of its duties. (Added 1973, No. 101, § 4.)
§ 3091 § 3091. Hearings
(a) An applicant for or a recipient of assistance, benefits, or social services from the department for children and families, the department of Vermont health access, the department of disabilities, aging, and independent living, or the department of mental health, or an applicant for a license from one of those departments, or a licensee may file a request for a fair hearing with the human services board. An opportunity for a fair hearing will be granted to any individual requesting a hearing because his or her claim for assistance, benefits, or services is denied, or is not acted upon with reasonable promptness; or because the individual is aggrieved by any other agency action affecting his or her receipt of assistance, benefits, or services, or license or license application; or because the individual is aggrieved by agency policy as it affects his or her situation.
(b) The hearing shall be conducted by the board or by a hearing officer appointed by the board. The chairman of the board may compel, by subpoena, the attendance and testimony of witnesses and the production of books and records. All witnesses shall be examined under oath. The board shall adopt rules with reference to appeals, which shall not be inconsistent with this chapter. The rules shall provide for reasonable notice to parties, and an opportunity to be heard and be represented by counsel.
(c) The board or the hearing officer shall issue written findings of fact. If the hearing is conducted by a hearing officer the hearing officer's findings shall be reported to the board, and the board shall approve the findings and adopt them as the findings of the board unless good cause is shown for disapproving them. Whether the findings are made by the board, or by a hearing officer and adopted by the board, the board shall enter its order based on the findings.
(d) After the fair hearing the board may affirm, modify or reverse decisions of the agency; it may determine whether an alleged delay was justified; and it may make orders consistent with this title requiring the agency to provide appropriate relief including retroactive and prospective benefits. The board shall consider, and shall have the authority to reverse or modify, decisions of the agency based on rules which the board determines to be in conflict with state or federal law. The board shall not reverse or modify agency decisions which are determined to be in compliance with applicable law, even though the board may disagree with the results effected by those decisions.
(e) The board shall give written notice of its decision to the person applying for fair hearing and to the agency. Unless a continuance is requested or consented to by an aggrieved person, decisions and orders concerning Temporary Assistance to Needy Families (TANF) under Title 33, chapter 11, TANF-Emergency Assistance (TANF-EA) under Title IV of the Social Security Act and medical assistance (Medicaid) under Title 33, chapter 19 shall be issued by the board within 75 days of the request for hearing.
(f) The agency or the appellant may appeal from decisions of the board to the supreme court under Rule 13 of the Vermont Rules of Appellate Procedure. Pending the final determination of any appeal the terms of the order involved shall be given effect by the agency except insofar as they relate to retroactive benefits.
(g) A party to an order or decree of the board or the board itself, or both, may petition the supreme court for relief against any disobedience of or noncompliance with the order or decree. In the proceedings and upon such notice thereof to the parties as it shall direct, the supreme court shall hear and consider the petition and make such order and decree in the premises by way of writ of mandamus, writ of prohibition, injunction, or otherwise, concerning the enforcement of the order and decree of the board as shall be appropriate.
(h)(1) Notwithstanding subsections (d) and (f) of this section, the secretary shall review all board decisions and orders concerning TANF, TANF-EA, office of child support cases, and Medicaid. The secretary shall:
(A) adopt a board decision or order, except that the secretary may reverse or modify a board decision or order if:
(i) the board's findings of fact lack any support in the record; or
(ii) the decision or order implicates the validity or applicability of any agency policy or rule.
(B) issue a written decision setting forth the legal, factual or policy basis for reversing or modifying a board decision or order.
(2) Notwithstanding subsections (d) and (f) of this section, a board decision and order concerning TANF, TANF-EA, office of child support, or Medicaid shall become the final and binding decision of the agency upon its approval by the secretary. The secretary shall either approve, modify or reverse the board's decision and order within 15 days of the date of the board decision and order. If the secretary fails to issue a written decision within 15 days as required by this subdivision, the board's decision and order shall be deemed to have been approved by the secretary.
(3) Notwithstanding subsection (f) of this section, only the claimant may appeal a decision of the secretary to the supreme court. Such appeals shall be pursuant to Rule 13 of the Vermont Rules of Appellate Procedure. The supreme court may stay the secretary's decision upon the claimant's showing of a fair ground for litigation on the merits. The supreme court shall not stay the secretary's order insofar as it relates to a denial of retroactive benefits. (Added 1973, No. 101, § 5; amended 1989, No. 181 (Adj. Sess.); No. 219 (Adj. Sess.), § 9(a); 1993, No. 105, § 1; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 8; 2007, No. 15, § 6; 2007, No. 172 (Adj. Sess.), § 3; 2009, No. 156 (Adj. Sess.), § I.9.)
§ 3092 § 3092. Repealed. 1989, No. 221 (Adj. Sess.), § 21(a)(1), eff. Oct. 1, 1990.
§ 3092a § 3092a. Appeals from divisions of vocational rehabilitation, blind and visually impaired
(a) Notwithstanding the provisions of subsection 3091(a) of this titlerelating to fair hearings before the human services board, appeals concerning benefits or services under the Rehabilitation Act of 1973 as amended shall be to the director of the division of vocational rehabilitation or the division for the blind and visually impaired, as appropriate, rather than the human services board so long as federal law requires that final decisions be made by the director of that division.
(b) Prior to making a final decision, the director shall hold a hearing to give the applicant an opportunity to be heard and to present evidence.
(c) When federal law no longer requires that final decisions be made by the director of that division, such appeals shall be to the human services board as provided in subsection 3091(a) of this title unless federal law requires another method for hearing appeals. (Added 1985, No. 117 (Adj. Sess.), eff. April 16, 1986; amended 1989, No. 219 (Adj. Sess.), § 2.)
§ 3093 § 3093. Repealed. 1995, No. 178 (Adj. Sess.), § 307.
§ 3094 § 3094. Office of child support
(a) The office of child support is created within the department for children and families and shall be designated the IV-D agency for purposes of Title IV-D of the federal Social Security Act.
(b) The office shall be headed by a director who shall be appointed by the secretary of human services subject to section 3054 of this title. (Added 1989, No. 221 (Adj. Sess.), § 12; amended 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 9.)
§ 3095 § 3095. Repealed. 2003, No. 121 (Adj. Sess.), § 81, eff. June 8, 2004.
§ 3096 § 3096. Repealed. 2001, No. 135 (Adj. Sess.), § 22, eff. July 1, 2005.