Vermont § 3117 - Bond requirement; amount; failure of security

§ 3117. Bond requirement; amount; failure of security

• (a) Notwithstanding any language in section 3102 of this title to the contrary, when the Commissioner deems it necessary to protect the revenues
  to be obtained under this subchapter, he or she may require a licensee to file with
  him or her a bond, issued by a surety company authorized to transact business in this
  State and approved by the Commissioner of Financial Regulation of this State as to
  solvency and responsibility, in an amount fixed by the Commissioner, but not to exceed
  the total potential liability of such person, to secure the payment of any tax or
  penalties or interest due or that may become due from a licensee under this subchapter.
  In the event that the Commissioner determines that such person is to file a bond,
  the Commissioner shall give notice to such person to that effect, specifying the amount
  of the bond required. That person shall file a bond within 15 days after the giving
  of the notice unless within those 15 days he or she shall request in writing a hearing
  before the Commissioner at which the necessity, propriety, and amount of the bond
  shall be determined by the Commissioner. The determination shall be final and shall
  be complied with within 15 days after the giving of notice thereof. In lieu of a bond,
  securities approved by the Commissioner or cash in such amount as the Commissioner
  may prescribe may be deposited, which shall be kept in the custody of the State Treasurer
  who may at any time upon instructions from the Commissioner without notice to the
  depositor apply them to any tax or interest or penalties due, and for that purpose
  the securities may be sold by the Commissioner at public or private sale without notice
  to the depositor thereof. (b) The total amount of the bond required of a licensee may be fixed by the Commissioner
  and may be increased or decreased by him or her at any time subject to the limitations
  imposed by this section. (c) If the liability upon a bond filed by a licensee with the Commissioner becomes discharged
  or reduced, whether by judgment rendered, payment made, or otherwise, or if in the
  opinion of the Commissioner any surety on a bond has become unsatisfactory or unacceptable,
  the Commissioner shall require the licensee to file a new bond with satisfactory sureties
  in the same amount and, upon failure to do so, the Commissioner shall immediately
  revoke the license. (d) If a licensee fails or refuses to increase the amount of a bond or file a bond as
  required by the Commissioner within 15 days after notice mailed to the licensee, then
  the license shall be revoked immediately. (Added 1999, No. 154 (Adj. Sess.), § 42; amended 2023, No. 85 (Adj. Sess.), § 316, eff. July 1, 2024.)