VSARA
Secretary of State Office
1078 U.S. Rte. 2, Middlesex
Montpelier, Vt.
05633-7701
Contact Information
Notices for Week of: DECEMBER 13, 2007

PROPOSED STATE RULES


By law, public notice of proposed rules must be given by publication in newspapers of record. The purpose of these notices is to give the public a chance to respond to the proposals. The public notices for administrative rules are now also available online at http://vermont-archives.org/aparules/ovnotices.htm The law requires an agency to hold a public hearing on a proposed rule, if requested to do so in writing by 25 persons or an association having at least 25 members.

To make special arrangements for individuals with disabilities or special needs please call or write the contact person listed below as soon as possible

To obtain further information concerning any scheduled hearing(s), obtain copies of proposed rule(s) or submit comments regarding proposed rule(s), please call or write the contact person listed below. You may also submit comments in writing to the Legislative Committee on Administrative Rules, State House, Montpelier, Vermont 05602 (828-2231).


Rules of the Real Estate Commission.

Vermont Proposed Rule: 07P055

AGENCY: Vermont Real Estate Commission

CONCISE SUMMARY: Changes relate to licensee responsibilities in their agency relationships, duties as brokers in charge of firms, duties of licensees to their clients, educational requirements for licensure, mandatory disclosure and there are also numerous housekeeping changes. Limited Agency: Revised for clarity and provides firm guidelines for licensees when conflicts of interest or consumer notification obligations arise. Disclosure Form: Sets forth clear minimum guidelines necessary to inform homebuyers and home sellers of the legal obligations real estate salespersons and brokers must observe. Education: The General Assembly changed the education requirement for licensees and the rules will reflect these statutory changes. Disputed escrow: The PATRIOT Act includes banking provisions that conflict with regulated community obligations under existing Vermont law. The rules modify the procedure by which disputed deposits are maintained and how parties are notified of their rights and responsibilities.

TYPE OF PERSONS AFFECTED: Licensees, applicants, and the public.

COST BENEFIT ANALYSIS: The primary impact is on applicants, and licensees. There will be costs for additional hours of education coursework required for licensure, and renewal. Note: These increased hours took effect with the statutory change in 2006 and there has been no visible impact in a reduction in the licensing activity due to the increased costs.

SCHEDULED HEARINGS: Office of Professional Regulation, Conference Room, National Life Bldg., North FL2, Montpelier, VT 2:00 - 4:00 p.m. January 10, 2008.

DEADLINE FOR PUBLIC COMMENT: January 17, 2008

FOR FURTHER INFORMATION, CONTACT: Rita Knapp, Administrator National Life Bldg., North FL2 Montpelier, VT 05620-3402 802-828-2808.

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Act 30 Changes to ReachUp, Postsecondary Education, Separate State Program an Solely State-Funded Program Rules and Creation of Reach First Program Rules.

Vermont Proposed Rule: 07P056

AGENCY: Dept. for Children and Families (DCF)

CONCISE SUMMARY: This rule proposes changes to the Reach Up, Postsecondary Education (PSE) and Separate State Funded programs required by Act 30 of 2007. Reach Up changes include increases to the earned income disregard and resource limits and simplification of financial eligibility determinations. The Postsecondary Education program rule replaces the fixed annual stipend with monthly fluctuating financial assistance calculated using Reach Up financial assistance rules. The proposed rule changes separate state programs to solely state-funded programs to maintain state policies by clarifying that the funding source, though unchanged, is no longer within Vermont's Temporary Assistance for Needy Families Program (TANF). The rule also establishes Reach First, a new program designed to assess new applicants for financial assistance and to provide a short-term alternative to Reach Up for families who do not need ongoing financial assistance. Overall, the rule updates obsolete references and makes minor formatting and grammatical changes.

TYPE OF PERSONS AFFECTED: Low income families applying for and participating in components of Vermont's TANF and Solely State-Funded programs, including Reach Up financial assistance and services and the Postsecondary Education Program; district staff in the economic services division of the Vermont Department for Children and Families; contracted case managers in the Vermont Department of Labor, Parent Child Centers, Vermont State Colleges, and Vocational Rehabilitation Division of the Department of Disabilities, Aging, and Independent Living; Office of Child Support; Child Development Division of the Department for Children and Families.

COST BENEFIT ANALYSIS: Reach Up, PSE, and Reach First participants with earned income will benefit from the increased disregard of earnings (the increase in the earned income disregard was analyzed as costing $400,000 and an appropriation was included in the SFY'08 budget). Reach Up, PSE and Reach First applicants and participants will benefit from being able to retain resources of up to $2,000 without it affecting program eligibility. Analysis showed there is little to no anticipated economic impact from the increase in resource limit. This rule, in part, includes strategies designed to avoid or minimize potential federal fiscal penalties to Vermont's TANF block grant.

SCHEDULED HEARINGS: January 3, 2008 at 1:00 PM, in the Economic Services Division's Large Conference Room, DCF, State Office Complex, Waterbury, Vermont.

DEADLINE FOR PUBLIC COMMENT: January 10, 2008.

FOR FURTHER INFORMATION, CONTACT:

For copies of the rule: www.dsw.state.vt.us/rulechange.htm  or contact Afsar Sultana, (802)241-3525; afsar.sultana@ahs.state.vt.us.

For other questions about the rule: Paula J. Gottwik, Esq., Senior Policy and Regulator Attorney-Analyst, Phone: (802)241-2887; E-mail: paula.gottwik@ahs.state.vt.us; Fax: (802)241-3934; Department for Children and Families (DCF), 103 South Main Street, Waterbury, VT 05671-1201.

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VOSHA Rule: Subpart S Electrical

Vermont Proposed Rule: 07P054

AGENCY: Dept. of Labor

FOR FURTHER INFORMATION, CONTACT: Robert McLeod, VOSHA Manager, PO Box 448, 5 Green Mountain Drive, Montpelier, VT 05620-0048 802-828-5084.


Return to the 2007 date selection page for more weekly notices or choose from the links in the left sidebar for notices from a different year.

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If you have general questions about the rulemaking process, please contact
Louise Corliss by e-mail at or by phone 802-828-2863
This page was last updated on: 2007-12-05.