Vermont § 5605 - Rules, forms, orders, interpretative opinions, and hearings

§ 5605. Rules, forms, orders, interpretative opinions, and hearings

• (a) The Commissioner may: (1) issue forms and orders and, after notice and comment and in accordance with the provisions
  of 3 V.S.A. chapter 25 (Administrative Procedure Act), may adopt and amend rules necessary
  or appropriate to carry out this chapter and may repeal rules, including rules and
  forms governing registration statements, applications, notice filings, reports, and
  other records; (2) by rule, define terms, whether or not used in this chapter, but those definitions
  may not be inconsistent with this chapter; and (3) by rule, classify securities, persons, and transactions and adopt different requirements
  for different classes. (b) Under this chapter, a rule or form may not be adopted or amended, or an order issued
  or amended, unless the Commissioner finds that the rule, form, order, or amendment
  is necessary or appropriate in the public interest or for the protection of investors
  and is consistent with the purposes intended by this chapter. In adopting, amending,
  and repealing rules and forms, section 5608 of this chapter applies in order to achieve
  uniformity among the states and coordination with federal laws in the form and content
  of registration statements, applications, reports, and other records, including the
  adoption of uniform rules, forms, and procedures. (c) Subject to 15 U.S.C. § 80b-15(h) and 15 U.S.C. § 80b-222, the Commissioner may require that a financial statement filed under this chapter
  be prepared in accordance with generally accepted accounting principles in the United
  States and comply with other requirements specified by rule adopted or order issued
  under this chapter. A rule adopted or order issued under this chapter may establish: (1) subject to 15 U.S.C. § 80b-15(h), the form and content of financial statements required under this chapter; (2) whether unconsolidated financial statements must be filed; and (3) whether required financial statements must be audited by an independent certified
  public accountant. (d) The Commissioner may in the Commissioner’s sole discretion provide interpretative
  opinions or issue determinations that the Commissioner will not institute a proceeding
  or an action under this chapter against a specified person for engaging in a specified
  act, practice, or course of business if the determination is consistent with this
  chapter. A rule adopted or order issued under this chapter may establish a reasonable
  charge for interpretative opinions or determinations that the Commissioner will not
  institute an action or a proceeding under this chapter. (e) A penalty under this chapter may not be imposed for and liability does not arise from
  conduct that is engaged in or omitted in good faith believing it conforms to a rule,
  form, or order of the Commissioner under this chapter. (f) A hearing in an administrative proceeding under this chapter must be conducted in
  public unless the Commissioner for good cause consistent with this chapter determines
  that the hearing will not be so conducted. (Added 2005, No. 11, § 1, eff. July 1, 2006.)