State Codes and Statutes
Statutes > Vermont > Title-18 > Chapter-221 > 9404
§ 9404. Administration of the division
(a) The commissioner shall supervise and direct the execution of all laws vested in the division by virtue of this chapter, and shall formulate and carry out all policies relating to this chapter.
(b) The commissioner may delegate the powers and assign the duties required by this chapter as the commissioner may deem appropriate and necessary for the proper execution of the provisions of this chapter, including the review and analysis of certificate of need applications and hospital budgets; however, the commissioner shall not delegate the commissioner's quasi-judicial and rulemaking powers or authority, unless the commissioner has a personal or financial interest in the subject matter of the proceeding.
(c) The commissioner may employ professional and support staff necessary to carry out the functions of the commissioner, and may employ consultants and contract with individuals and entities for the provision of services.
(d) The commissioner may:
(1) Apply for and accept gifts, grants or contributions from any person for purposes consistent with this chapter.
(2) Adopt rules necessary to implement the provisions of this chapter.
(3) Enter into contracts and perform such acts as are necessary to accomplish the purposes of this chapter.
(e) There is hereby created a fund to be known as the division of health care administration regulatory and supervision fund for the purpose of providing the financial means for the commissioner of banking, insurance, securities, and health care administration to administer this chapter and section 6706 of Title 33. All fees and assessments received by the department pursuant to such administration shall be credited to this fund. All fines and administrative penalties, however, shall be deposited directly into the general fund.
(1) All payments from the division of health care administration regulatory and supervision fund for the maintenance of staff and associated expenses, including contractual services as necessary, shall be disbursed from the state treasury only upon warrants issued by the commissioner of finance and management, after receipt of proper documentation regarding services rendered and expenses incurred.
(2) The commissioner of finance and management may anticipate receipts to the division of health care administration regulatory and supervision fund and issue warrants based thereon. (Added 1991, No. 160 (Adj. Sess.), § 1, eff. May 11, 1992; amended 1995, No. 180 (Adj. Sess.), §§ 10, 38(a); 1999, No. 49, § 222.)
