The Vermont Statutes Online

Title 26: Professions and Occupations

Chapter 41: REAL ESTATE BROKERS AND SALESPERSONS

Sub-Chapter 02: Administration

26 V.S.A. § 2252. Powers and duties



§ 2252. Powers and duties

(a) The commission shall adopt rules in accordance with chapter 25 of Title 3 necessary for the performance of its duties, including:

(1) a definition of the activities which may be performed only by a licensee, in accordance with section 2211 of this title;

(2) qualifications for obtaining licensure, in accordance with section 2292 of this title;

(3) explanations of appeal and other significant rights given to applicants and the public;

(4) procedures for disciplinary and reinstatement cases;

(5) criteria for determining whether or not a deposit is reasonably expected to earn a substantial amount of interest in accordance with subsections 2214(b) and (c) of this title. The criteria shall include, but not be limited to the following:

(A) The amount of the deposit and the time period the deposit is expected to be held.

(B) The cost of establishing and maintaining an interest-bearing account, including minimum account balances, service charges, legal fees, accounting fees, and tax reporting procedures.

(C) The nature of the transaction involved.

(b) The commission shall:

(1) if applications for licensure by examination are pending, offer examinations at least four times each year and pass upon the qualifications of applicants for licensing;

(2) use the administrative and legal services provided by the office of professional regulation under 3 V.S.A. chapter 5;

(3) investigate suspected unprofessional conduct.

(c) The commission may:

(1) investigate suspected cases of unauthorized practice of activities regulated by this chapter, and refer any such case to the attorney general or a state's attorney for possible prosecution and injunctive relief;

(2) conduct hearings;

(3) administer oaths and issue subpoenas pursuant to 3 V.S.A. §§ 809a and 809b;

(4) issue orders relating to discovery in the same manner as a judge under the Vermont Rules of Civil Procedure, which may be enforced in the same manner as a subpoena;

(5) adopt rules relating to the procedures to be followed in handling complaints and conducting hearings under this chapter;

(6) receive assistance from the attorney general or other state agencies, so long as the assistance is not contrary to any other state law.

(d) The commission shall provide proposed rules to the director of the office of professional regulation for review and comment. The director's comments shall be forwarded to the administrative rules committee. (Amended 1969, No. 283 (Adj. Sess.), § 3; 1985, No. 6, § 1; 1989, No. 250 (Adj. Sess.) § 4(d); 1991, No. 86, § 5, eff. June 26, 1991.)