Vermont § 1701 - Secretary’s determination

§ 1701. Secretary’s determination

• (a) Matters involving denial of licensure. With respect to an applicant’s appeal, the Secretary shall, within 10 days of receiving
  the committee’s recommendation, affirm or reverse the licensing decision and notify
  the applicant in writing. If the Secretary reverses the decision, the office shall
  issue a license accordingly. If the Secretary affirms the decision, the applicant
  may appeal by notifying the Secretary in writing within 10 days of receiving the Secretary’s
  decision. The Secretary shall notify the hearing panel administrative officer of the
  appeal. (b) Matters involving alleged unprofessional conduct or incompetence. With respect to a licensee alleged either incompetent or to have engaged in unprofessional
  conduct, the Secretary shall, within 10 days of receiving the investigation committee’s
  recommendation, determine whether to issue a formal charge and what, if any, licensing
  action should be imposed. If the Secretary determines no formal charge is warranted,
  the Secretary shall notify in writing the licensee and, if the licensee is employed,
  the superintendent of the school district of employment. If the Secretary determines
  a formal charge is warranted, the Secretary shall prepare a formal charge, file it
  with the hearing panel administrative officer, and cause a copy to be served upon
  the licensee charged together with a notice of hearing and procedural rights, as provided
  in this chapter. The Secretary shall provide a copy of the formal charge to the superintendent
  of the school district, if any, in which the licensee is employed, or if the licensee
  is employed as a superintendent, to the chair of the supervisory union that employs
  the superintendent, provided the superintendent or board chair agrees to maintain
  the confidentiality and privileged status of the information as provided in subsection 1708(d) of this title. If the Secretary finds that public health, safety, or welfare imperatively requires
  emergency action and incorporates a finding to that effect in the formal charge, the
  hearing panel may order summary suspension of a license pending proceedings for revocation
  or other action. These proceedings shall be promptly instituted and determined. (Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; amended 2013, No. 92 (Adj. Sess.), § 166, eff. Feb. 14, 2014.)