§ 361. Military department; national guard
(a) The military department, created by 3 V.S.A. § 212, shall be administered by the adjutant general and shall include the national guard and all military components of the state.
(b) The organized militia shall be known as the national guard, and shall consist of such organizations and personnel of such arm, service, corps or department as may from time to time be required by the federal government to be maintained in the state, organized in accordance with regulations prescribed therefor by the federal government and approved by the governor. The governor may alter, divide, annex, consolidate, disband or reorganize the same and create new organizations, when the regulations prescribed by the federal government shall so require, in order that the national guard of this state shall conform to any system of drill, discipline, administration and instruction now or hereafter prescribed for the armed forces of the United States. The governor shall prescribe all necessary regulations for the government of the national guard pursuant to this section. (Amended 1959, No. 329 (Adj. Sess.), § 34, eff. March 1, 1961; 1973, No. 223 (Adj. Sess.), § 2, eff. April 4, 1974.)
§ 362. Federal laws and regulations
Matters relating to the organization, discipline, training and government of the national guard not otherwise provided for in this chapter, nor in the general regulations, shall be decided by the federal laws and regulations prescribed for the national guard and the army, air force, or navy of the United States as the case may be, so far as the same are applicable. (Amended 1963, No. 39, § 1, eff. April 11, 1963.)
§ 363. Officers generally
The general assembly shall biennially elect an adjutant and inspector general, who shall also be quartermaster general with the rank of a major general. Such officer may appoint a deputy with appropriate rank, an assistant adjutant general for army, an assistant adjutant general for air, an assistant adjutant general for joint operations, a sergeant major, and a chief master sergeant, without pay, with the approval of the governor. The adjutant general may remove the appointed assistant adjutant generals and sergeants and shall be responsible for their acts. Upon appointment, each assistant adjutant general shall be a federally recognized officer of the national guard of the rank of lieutenant colonel or above, and shall have a rank of colonel or brigadier general, and the sergeant major shall be a federally recognized noncommissioned officer of the national guard of the rank of master sergeant or first sergeant, and the chief master sergeant shall be a federally recognized noncommi
ssioned officer of the rank of senior master sergeant or first sergeant. The deputy, assistants, and sergeants shall perform duties as the adjutant and inspector general and quartermaster general shall direct. In the absence or disability of the officer, the deputy shall perform the duties of that office. In case a vacancy occurs in the office of adjutant and inspector general and quartermaster general, the deputy shall assume and discharge the duties of the office until the vacancy is filled. The appointments shall be in writing and recorded in the office of the secretary of state. All other officers of the national guard shall be chosen in accordance with such regulations as the governor may prescribe consistent with the laws of this state and the United States. (Amended 1959, No. 81, eff. April 2, 1959; 1961, No. 2 eff. Feb. 16, 1961; 1965, No. 125, § 19, eff. July 2, 1965; 2003, No. 5, § 1; 2005, No. 67, § 1.)
§ 364. Governor's staff officers
The governor may detail not more than five officers of the national guard or organized reserves or retired officers of any of the armed forces of the United States who are residents of Vermont for duty upon his or her staff, to serve during his or her pleasure, which details shall not add to the actual grade of the officers so appointed, and shall not relieve such officers from their ordinary duties except when actually on duty with the governor.
§ 365. Discharges to officers
Discharges to commissioned officers may be granted by the commander in chief under such regulations as he or she prescribes.
§ 366. Special duty
When it appears that the necessities of the military or public service so require, the commander in chief or designee may designate officers or enlisted personnel, or both, for the performance of special duty as the necessity of the case may demand. (Amended 1999, No. 138 (Adj. Sess.), § 5.)
§ 367. Costs; fines and forfeiture
Costs incurred in a proceeding to enforce a penalty imposed by part 2 of this title shall be paid by the state. Fines and forfeitures imposed by part 2 of this title shall be paid into the state treasury.
§ 368. Activation or deployment of national or state guard or reserve members; professions and occupations; state regulation
Notwithstanding any provision of law to the contrary, a member of the national guard, state guard, or reserve component, whose profession or occupation is regulated by an agency of the state and who holds a valid license, certification or registration to practice that profession or occupation at the time of activation or deployment shall be entitled to:
(1) an extension of the period of active licensure or certification through the duration of and up to 60 days following the person's return from activation or deployment, provided that maintenance of active licensure or certification is required by the military during the time of such activation or deployment. In order to qualify for the extension, the person shall:
(A) notify the agency of his or her activation or deployment at any time prior to the scheduled expiration of the current license or certification; and
(B) certify that the circumstances of the activation or deployment impede good faith efforts to make timely application for renewal of the license or certification.
(2) a reasonable opportunity to meet the terms or conditions of licensure or certification following the person's return from activation or deployment if military service in any way interferes with a good faith effort to complete a term or condition of licensure, regardless of whether the military requires the person to maintain the license or certification during the time of activation or deployment. (Added 2005, No. 131 (Adj. Sess.), § 1, eff. May 4, 2006.)
§ 369. Awards and medals
Upon the approval of the governor, the adjutant general may, from time to time, create and design such awards and medals to recognize meritorious service or outstanding achievement for members of the Vermont National Guard. The adjutant general will cause to be published a roster of these awards and medals, the criteria and process for awarding them, and a description or specification of the award and medals. All awards and medals will be presented in the name of the state of Vermont and be awarded to a member or retired member of the Vermont National Guard or if the member is deceased to the member's spouse, child, parent, sibling, or grandchild or, if none, to a person designated by the executor of the estate. (Added 2011, No. 149 (Adj. Sess.), § 2.)