§ 4868 - Revocation or suspension of license - Vermont Statutes

§ 4868. Revocation or suspension of license

(a) The commissioner may suspend, revoke, or refuse to renew a license, place a licensee in receivership, impose injunctive orders, or order that a licensee cease and desist in any specified conduct if the commissioner finds that:

(1) the licensee has failed to pay the annual fee or an examination fee as provided in section 4864 of this chapter or to maintain the bond required under section 4865 of this chapter or to comply with any demand, ruling, order, or requirement of the commissioner lawfully made pursuant to and within the authority of this chapter;

(2) the licensee has violated any provision of this chapter, or any rule or regulation lawfully made by the commissioner under and within the authority of this chapter;

(3) any fact or condition exists which, if it had existed at the time of the original application for such license, would have warranted the commissioner's refusal originally to issue such license, including unconscionable conduct which takes advantage of a consumer's lack of bargaining power or lack of understanding of the terms or consequences of the agreement;

(4) the licensee does not cooperate with an examination or investigation by the commissioner;

(5) the licensee engages in fraud, intentional misrepresentation, or gross negligence;

(6) the licensee engages in an unsafe or unsound practice; or

(7) the licensee has made any material false representation to the commissioner in any application or report filed with the commissioner.

(b) Unless otherwise specified in this chapter, the licensee shall receive 15 days' notice and an opportunity to be heard before such order shall be issued. Mailing notice to the licensee's current address as stated on the license shall be presumptive evidence of its receipt by the licensee. However, if the commissioner finds that the public safety or welfare imperatively requires emergency action, action with no prior notice or prior opportunity to be heard may be taken, pending proceedings for revocation or other action. (Added 1969, No. 204 (Adj. Sess.), eff. March 23, 1970; amended 2003, No. 81 (Adj. Sess.), § 1.)