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The Vermont Statutes Online
Title
10
:
Conservation and Development
Chapter
151
:
STATE LAND USE AND DEVELOPMENT PLANS
Subchapter
004
:
PERMITS
§
6085. Hearings; party status
(a), (b) [Repealed.]
(c)(1) Party
status. In proceedings before the District Commissions, the following persons
shall be entitled to party status:
(A) The
applicant;
(B) The
landowner, if the applicant is not the landowner;
(C) The
municipality in which the project site is located, and the municipal and
regional planning commissions for that municipality; if the project site is
located on a boundary, any Vermont municipality adjacent to that border and the
municipal and regional planning commissions for that municipality; and the
solid waste management district in which the land is located, if the
development or subdivision constitutes a facility pursuant to subdivision
6602(10) of this title;
(D) Any State
agency affected by the proposed project;
(E) Any
adjoining property owner or other person who has a particularized interest
protected by this chapter that may be affected by an act or decision by a
District Commission.
(2) Content of
Petitions. All persons seeking to participate in proceedings before the
District Commission as parties pursuant to subdivision (c)(1)(E) of this
section must petition for party status. Any petition for party status may be
made orally or in writing to the District Commission. All petitions must include:
(A) A detailed
statement of the petitioner's interest under the relevant criteria of the
proceeding, including, if known, whether the petitioner's position is in
support of or in opposition to the relief sought by the permit applicant, or
petitioner.
(B) In the case
of an organization, a description of the organization, its purposes, and the
nature of its membership.
(C) A statement
of the reasons the petitioner believes the District Commission should allow the
petitioner party status in the pending proceeding.
(D) In the case
of a person seeking party status under subdivision (c)(1)(E) of this section:
(i) If
applicable, a description of the location of the petitioner's property in
relation to the proposed project, including a map, if available;
(ii) A
description of the potential effect of the proposed project upon the
petitioner's interest with respect to each of the relevant criteria or
subcriteria under which party status is being requested.
(3) Timeliness.
A petition for party status pursuant to subdivision (c)(1)(E) of this section
must be made at or prior to an initial prehearing conference held pursuant to
Board rule or at the commencement of the hearing, whichever shall occur first,
unless the District Commission directs otherwise. The District Commission may
grant an untimely petition if it finds that the petitioner has demonstrated
good cause for failure to request party status in a timely fashion, and that
the late appearance will not unfairly delay the proceedings or place an unfair
burden on the parties.
(4) Conditions.
Where a person has been granted party status pursuant to subdivision (c)(1)(E)
of this section, the District Commission shall restrict the person's
participation to only those issues in which the person has demonstrated an interest,
and may encourage the person to join with other persons with respect to
representation, presentation of evidence, or other matters in the interest of
promoting judicial efficiency.
(5) Friends of
the Commission. The District Commission, on its own motion or by petition, may
allow nonparties to participate in any of its proceedings, without being
accorded party status. Participation may be limited to the filing of memoranda,
proposed findings of fact and conclusions of law, and argument on legal issues.
However, if approved by the District Commission, participation may be expanded
to include the provision of testimony, the filing of evidence, or the cross
examination of witnesses. A petition for leave to participate as a friend of
the Commission shall identify the interest of the petitioner and the desired
scope of participation and shall state the reasons why the participation of the
petitioner will be beneficial to the District Commission. Except where all
parties consent or as otherwise ordered by the District Commission or by the
Chair of the District Commission, all friends of the Commission shall file
their memoranda, testimony, or evidence within the times allowed the parties.
(6)
Re-examination of party status. A District Commission shall re-examine party
status determinations before the close of hearings and state the results of
that re-examination in the District Commission decision. In the re-examination
of party status coming before the close of District Commission hearings,
persons having attained party status up to that point in the proceedings shall
be presumed to retain party status. However, on motion of a party, or on its
own motion, a Commission shall consider the extent to which parties continue to
qualify for party status. Determinations made before the close of District
Commission hearings shall supersede any preliminary determinations of party
status.
(d) If no
hearing has been requested or ordered within the prescribed period no hearing
need be held by the District Commission. In such an event a permit shall be
granted or denied within 60 days of receipt; otherwise, it shall be deemed
approved and a permit shall be issued.
(e) The Natural
Resources Board and any District Commission, acting through one or more duly
authorized representatives at any prehearing conference or at any other times
deemed appropriate by the Natural Resources Board or by the district
commission, shall promote expeditious, informal, and nonadversarial resolution
of issues, require the timely exchange of information concerning the
application, and encourage participants to settle differences. No District
Commissioner who is participating as a decisionmaker in a particular case may
act as a duly authorized representative for the purposes of this subsection. These
efforts at dispute resolution shall not affect the burden of proof on issues
before a Commission or the Environmental Division, nor shall they affect the
requirement that a permit may be issued only after the issuance of affirmative
findings under the criteria established in section 6086 of this title.
(f) A hearing
shall not be closed until a Commission provides an opportunity to all parties
to respond to the last permit or evidence submitted. Once a hearing has been
closed, a Commission shall conclude deliberations as soon as is reasonably
practicable. A decision of a Commission shall be issued within 20 days of the
completion of deliberations. (Added 1969, No. 250 (Adj. Sess.), §§ 10, 11, eff.
April 4, 1970; amended 1973, No. 85, § 9; 1989, No. 234 (Adj. Sess.), § 3;
1993, No. 82, § 4; 1993, No. 232 (Adj. Sess.), §§ 30, 31, eff. March 15, 1995;
2003, No. 115 (Adj. Sess.), § 55, eff. Jan. 31, 2005; 2009, No. 154 (Adj.
Sess.), § 236; 2013, No. 11, § 25.)