§ 1378. Requirements for obtaining license or governmental contract

(a) For purposes of this section, "agency" means any unit of State government, including agencies, departments, boards, commissions, authorities, or public corporations.

(b) [Repealed.]

(c) Every agency shall, upon request, furnish to the Commissioner a list of licenses and contracts issued or renewed by such agency during the reporting period; provided, however, that the Secretary of State shall, with respect to certificates of authority to transact business issued to foreign corporations, furnish to the Commissioner only those certificates originally issued by the Secretary of State during the reporting period and not renewals of such certificates. The lists should include the name, address, Social Security or federal identification number of such licensee or provider, and such other information as the Commissioner may require.

(d) If the Commissioner determines that any employing unit which has agreed to furnish goods, services, or real estate space to any agency has neglected or refused to pay contributions or payments in lieu of contributions and that the employing unit's liability for such contributions or payments in lieu of contributions is not under appeal, the Commissioner shall notify the agency and the employing unit in writing of the amount owed by such employing unit. Upon receipt of such notice, the agency shall thereafter transfer to the Commissioner any amounts that would otherwise be payable by the agency to the employing unit, up to the amount certified by the Commissioner. The Commissioner may treat any such payment as if it were a payment received from the employing unit.

(e) No agency of the State shall make final payment of any amount owed under a contract that contemplates the employment of any employing unit within the State or the use of any property within the State, or otherwise release any employing unit from the obligations of any such contract, unless such employing unit shall first obtain a certificate issued by the Commissioner that the employing unit is in good standing with respect to or in full compliance with a plan to pay any and all contributions or payments in lieu of contributions due as of the date of issuance of the certificate.

(f) Upon written request by the Commissioner and after notice and hearing to the employing unit as required under any applicable provision of law, an agency shall revoke or suspend any license or other authority to conduct a trade or business (including a license to practice a profession) issued to any employing unit if the agency finds that contributions or payments in lieu of contributions have not been paid and the employing unit's liability for contributions or payments in lieu of contributions is not under appeal. For purposes of such findings, the written representation to that effect by the Commissioner to the agency shall constitute prima facie evidence thereof. The Commissioner shall have the right to intervene in any hearing conducted with respect to such license revocation or suspension. Any findings made by the agency with respect to such license revocation or suspension shall be made only for the purposes of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license revocation or suspension. Any license or certificate of authority suspended or revoked under this section shall not be reissued or renewed until the agency receives a certificate issued by the Commissioner that the applicable employing unit is in good standing with respect to any and all contributions or payments in lieu of contributions payable to the Commissioner as of the date of issuance of such certificate. Any person aggrieved by the decision of the agency may appeal therefrom in accordance with the provisions of 3 V.S.A. chapter 25.

(g)(1) For the purposes of this section, a person is in good standing with respect to any and all contributions or payments in lieu of contributions payable if:

(A) no contributions or payments in lieu of contributions are due and payable;

(B) the liability for any contributions or payments in lieu of contributions due and payable is on appeal;

(C) the employing unit is in compliance with a payment plan approved by the Commissioner; or

(D) in the case of a licensee, the agency finds that requiring immediate payment of contributions or payments in lieu of contributions due and payable would impose an unreasonable hardship.

(2) If the agency finds an unreasonable hardship, it may condition renewal on terms which will place the person in good standing with respect to any and all contributions or payments in lieu of contributions as soon as reasonably possible. (Added 1993, No. 177 (Adj. Sess.), § 8; amended 2009, No. 42, §§ 33b, 33c; 2017, No. 74, § 54.)