§832. Exemptions; limitations

Link to law: http://legislature.vermont.gov/statutes/section/03/025/00832
Published: 2015

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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.)
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