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The Vermont Statutes Online



Title

03

:
Executive






Chapter

025

:
ADMINISTRATIVE PROCEDURE











 

§

840. Public hearing and comment

(a) The agency

may hold one or more public hearings for each proposed rule. A public hearing

shall be scheduled if so requested by 25 persons, by a governmental subdivision

or agency, by the interagency committee on administrative rules, or by an

association having 25 or more members. The first hearing shall not be held

sooner than 30 days following the notice required by section 839 of this title.

(b) On request,

the agency shall promptly provide a copy of a proposed or final proposed rule.

If the copy is mailed, it shall be sent not later than the end of the third

working day after the request is received. The agency may charge for copying

costs in the amount provided by law.

(c) An agency

shall afford all persons reasonable opportunity to submit data, views or

arguments, orally or in writing, at least through the seventh day following the

last public hearing.

(d) The agency

shall consider fully all written and oral submissions concerning the proposed

rule, and all submissions on separate requirements for small businesses. The

agency shall provide information to all individuals, who submitted written or

oral comment, on the procedure for adoption of rules and how to obtain changes

in the proposed rule.

(e) If requested

by an interested person at any time before 30 days after final adoption of a

rule, the adopting authority shall issue an explanation of the proposed rule.

The explanation shall include:

(1) a concise

statement of the principal reasons for and against the adoption of the rule in

its final form; and

(2) an

explanation of why the adopting authority overruled the arguments and

considerations against the rule. (Added 1981, No. 82, § 6; amended 1985, No.

56, § 4; 1999, No. 146 (Adj. Sess.), § 5; 2009, No. 146 (Adj. Sess.), § F3.)