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The Vermont Statutes Online
Title
03
:
Executive
Chapter
025
:
ADMINISTRATIVE PROCEDURE
§
832. Exemptions; limitations
(a) No agency
shall be required to adopt a procedure or rule:
(1) which may
result in the disclosure of information considered by statute to be
confidential;
(2) setting
forth guidelines to be used by the staff of an agency in the performance of
audits, investigations, inspections, in settling commercial disputes or
negotiating commercial arrangements, or in the defense, prosecution, or
settlement of cases, if the disclosure of the statement would:
(A) enable law
violators to avoid detection;
(B) facilitate
disregard of requirements imposed by law; or
(C) give a
clearly improper advantage to persons who are in an adverse position to the
state; or
(3) describing
the content of an agency budget.
(b) Subsection
831(c) of this title does not require any agency to adopt rules:
(1) establishing
specific prices to be charged for particular goods or services sold by an
agency;
(2) concerning
only the physical servicing, maintenance, or care of agency owned or operated
facilities or property;
(3) relating
only to the use of a particular facility or property owned, operated, or
maintained by the state or any of its subdivisions, if the substance of that
rule is adequately indicated by means of signs or signals to persons who use
the facility or property;
(4) concerning
only inmates of a correctional or detention facility, students enrolled in an
educational institution, or patients admitted to a hospital, if adopted by that
facility, institution, or hospital.
(c) Subsections
831(b) and (c) of this title do not require the attorney general to adopt
procedures or rules describing the content of opinions or other legal advice
given to agencies.
(d)
Notwithstanding subsections 831(b) and (c), when an agency receives a request
to adopt a procedure or rule, it may elect to issue a declaratory ruling when
it has in effect a procedure or rule, as requested, which disposes of the
question presented. (Added 1981, No. 82, § 6.)