State Codes and Statutes

Statutes > Vermont > Title-26 > Chapter-41 > 2296

§ 2296. Unprofessional conduct; discipline of licensee

(a) Unprofessional conduct means the following conduct and the conduct set forth in section 129a of Title 3:

(1) makes a material misstatement in the application for his license;

(2) uses dishonest or misleading advertising;

(3) demonstrates incompetency to act as a real estate broker or salesperson;

(4) is found by the commission to be guilty of fraud or fraudulent practices; or is convicted for violating this chapter; or is convicted of forgery, embezzlement, obtaining money under false pretenses, or conspiring to defraud;

(5) commingles money or other property to which the licensee's clients or other persons are entitled with the licensee's own;

(6) fails to inform clients, establish trust and escrow accounts, maintain records and otherwise act in accordance with the provisions of section 2214 of this title with respect to all moneys received by the licensee as a real estate broker, or as escrow agent, or as the temporary custodian of the funds of others, in a real estate transaction;

(7) fails promptly to segregate any properties received which are to be held for the benefit of others;

(8) is found by the commission to have engaged in any act or conduct, whether of the same or different character as that described above, which contributes to or demonstrates incompetency or dishonest fraudulent dealings;

(9) fails to fully disclose to a buyer all material facts within the licensee's knowledge concerning the property being sold;

(10) fails to fully disclose to a buyer the existence of an agency relationship between the licensee and the seller.

(b) The maintenance of nominal amounts of a licensee's funds in a trust account to meet bank service charges is not a violation of this chapter.

(c) The commission shall accept written complaints from any member of the public, any licensee, any state or federal agency or the attorney general. The commission may initiate disciplinary action in response to any complaint against a licensee.

(d) The burden of proof shall be on the state to show by a preponderance of the evidence that the licensee has engaged in unprofessional conduct.

(e) After hearing and upon a finding of unprofessional conduct, the commission may:

(1) revoke a license;

(2) suspend a license; or

(3) issue a warning or reprimand or both to a licensee.

(f) Before or after hearing, the commission may approve a negotiated agreement between the prosecutor and the licensee when it is in the best interest of the public health, safety or welfare to do so.

(1) Such an agreement may include, without limitation, any of the following conditions or restrictions which may be in addition to or in lieu of suspension:

(A) a requirement that a licensee submit to care or counseling;

(B) a restriction that a licensee practice only under supervision of a named person or a person with specified credentials;

(C) a requirement that a licensee participate in continuing education in order to overcome specified practical deficiencies;

(D) a requirement that the scope of practice permitted be restricted to a specified extent.

(2) Such an agreement may be modified by agreement of the prosecutor and the licensee, after obtaining the approval of the commission.

(g) A complainant, the prosecutor or the licensee may petition the commission for modification of the terms of an order under this section.

(h) Where a license has been revoked, the commission may reinstate the license on terms and conditions it deems proper.

(i) In the event the commission takes disciplinary action, its findings and decision shall be in writing and signed by the chairperson. A certified copy of the findings and decision either shall be served on the licensee in the same manner as a subpoena, or shall be mailed to the licensee at the licensee's last known address by certified mail, return receipt requested. (Amended 1963, No. 66, §§ 3, 4; 1969, No. 283 (Adj. Sess.), § 8; 1979, No. 81, § 4, eff. May 10, 1979; 1985, No. 6, § 1; 1991, No. 86, § 6, eff. Jan. 1, 1992; 1997, No. 145 (Adj. Sess.), § 45.)

State Codes and Statutes

Statutes > Vermont > Title-26 > Chapter-41 > 2296

§ 2296. Unprofessional conduct; discipline of licensee

(a) Unprofessional conduct means the following conduct and the conduct set forth in section 129a of Title 3:

(1) makes a material misstatement in the application for his license;

(2) uses dishonest or misleading advertising;

(3) demonstrates incompetency to act as a real estate broker or salesperson;

(4) is found by the commission to be guilty of fraud or fraudulent practices; or is convicted for violating this chapter; or is convicted of forgery, embezzlement, obtaining money under false pretenses, or conspiring to defraud;

(5) commingles money or other property to which the licensee's clients or other persons are entitled with the licensee's own;

(6) fails to inform clients, establish trust and escrow accounts, maintain records and otherwise act in accordance with the provisions of section 2214 of this title with respect to all moneys received by the licensee as a real estate broker, or as escrow agent, or as the temporary custodian of the funds of others, in a real estate transaction;

(7) fails promptly to segregate any properties received which are to be held for the benefit of others;

(8) is found by the commission to have engaged in any act or conduct, whether of the same or different character as that described above, which contributes to or demonstrates incompetency or dishonest fraudulent dealings;

(9) fails to fully disclose to a buyer all material facts within the licensee's knowledge concerning the property being sold;

(10) fails to fully disclose to a buyer the existence of an agency relationship between the licensee and the seller.

(b) The maintenance of nominal amounts of a licensee's funds in a trust account to meet bank service charges is not a violation of this chapter.

(c) The commission shall accept written complaints from any member of the public, any licensee, any state or federal agency or the attorney general. The commission may initiate disciplinary action in response to any complaint against a licensee.

(d) The burden of proof shall be on the state to show by a preponderance of the evidence that the licensee has engaged in unprofessional conduct.

(e) After hearing and upon a finding of unprofessional conduct, the commission may:

(1) revoke a license;

(2) suspend a license; or

(3) issue a warning or reprimand or both to a licensee.

(f) Before or after hearing, the commission may approve a negotiated agreement between the prosecutor and the licensee when it is in the best interest of the public health, safety or welfare to do so.

(1) Such an agreement may include, without limitation, any of the following conditions or restrictions which may be in addition to or in lieu of suspension:

(A) a requirement that a licensee submit to care or counseling;

(B) a restriction that a licensee practice only under supervision of a named person or a person with specified credentials;

(C) a requirement that a licensee participate in continuing education in order to overcome specified practical deficiencies;

(D) a requirement that the scope of practice permitted be restricted to a specified extent.

(2) Such an agreement may be modified by agreement of the prosecutor and the licensee, after obtaining the approval of the commission.

(g) A complainant, the prosecutor or the licensee may petition the commission for modification of the terms of an order under this section.

(h) Where a license has been revoked, the commission may reinstate the license on terms and conditions it deems proper.

(i) In the event the commission takes disciplinary action, its findings and decision shall be in writing and signed by the chairperson. A certified copy of the findings and decision either shall be served on the licensee in the same manner as a subpoena, or shall be mailed to the licensee at the licensee's last known address by certified mail, return receipt requested. (Amended 1963, No. 66, §§ 3, 4; 1969, No. 283 (Adj. Sess.), § 8; 1979, No. 81, § 4, eff. May 10, 1979; 1985, No. 6, § 1; 1991, No. 86, § 6, eff. Jan. 1, 1992; 1997, No. 145 (Adj. Sess.), § 45.)


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State Codes and Statutes

Statutes > Vermont > Title-26 > Chapter-41 > 2296

§ 2296. Unprofessional conduct; discipline of licensee

(a) Unprofessional conduct means the following conduct and the conduct set forth in section 129a of Title 3:

(1) makes a material misstatement in the application for his license;

(2) uses dishonest or misleading advertising;

(3) demonstrates incompetency to act as a real estate broker or salesperson;

(4) is found by the commission to be guilty of fraud or fraudulent practices; or is convicted for violating this chapter; or is convicted of forgery, embezzlement, obtaining money under false pretenses, or conspiring to defraud;

(5) commingles money or other property to which the licensee's clients or other persons are entitled with the licensee's own;

(6) fails to inform clients, establish trust and escrow accounts, maintain records and otherwise act in accordance with the provisions of section 2214 of this title with respect to all moneys received by the licensee as a real estate broker, or as escrow agent, or as the temporary custodian of the funds of others, in a real estate transaction;

(7) fails promptly to segregate any properties received which are to be held for the benefit of others;

(8) is found by the commission to have engaged in any act or conduct, whether of the same or different character as that described above, which contributes to or demonstrates incompetency or dishonest fraudulent dealings;

(9) fails to fully disclose to a buyer all material facts within the licensee's knowledge concerning the property being sold;

(10) fails to fully disclose to a buyer the existence of an agency relationship between the licensee and the seller.

(b) The maintenance of nominal amounts of a licensee's funds in a trust account to meet bank service charges is not a violation of this chapter.

(c) The commission shall accept written complaints from any member of the public, any licensee, any state or federal agency or the attorney general. The commission may initiate disciplinary action in response to any complaint against a licensee.

(d) The burden of proof shall be on the state to show by a preponderance of the evidence that the licensee has engaged in unprofessional conduct.

(e) After hearing and upon a finding of unprofessional conduct, the commission may:

(1) revoke a license;

(2) suspend a license; or

(3) issue a warning or reprimand or both to a licensee.

(f) Before or after hearing, the commission may approve a negotiated agreement between the prosecutor and the licensee when it is in the best interest of the public health, safety or welfare to do so.

(1) Such an agreement may include, without limitation, any of the following conditions or restrictions which may be in addition to or in lieu of suspension:

(A) a requirement that a licensee submit to care or counseling;

(B) a restriction that a licensee practice only under supervision of a named person or a person with specified credentials;

(C) a requirement that a licensee participate in continuing education in order to overcome specified practical deficiencies;

(D) a requirement that the scope of practice permitted be restricted to a specified extent.

(2) Such an agreement may be modified by agreement of the prosecutor and the licensee, after obtaining the approval of the commission.

(g) A complainant, the prosecutor or the licensee may petition the commission for modification of the terms of an order under this section.

(h) Where a license has been revoked, the commission may reinstate the license on terms and conditions it deems proper.

(i) In the event the commission takes disciplinary action, its findings and decision shall be in writing and signed by the chairperson. A certified copy of the findings and decision either shall be served on the licensee in the same manner as a subpoena, or shall be mailed to the licensee at the licensee's last known address by certified mail, return receipt requested. (Amended 1963, No. 66, §§ 3, 4; 1969, No. 283 (Adj. Sess.), § 8; 1979, No. 81, § 4, eff. May 10, 1979; 1985, No. 6, § 1; 1991, No. 86, § 6, eff. Jan. 1, 1992; 1997, No. 145 (Adj. Sess.), § 45.)


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