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The Vermont Statutes Online



Title

03

:
Executive






Chapter

025

:
ADMINISTRATIVE PROCEDURE











 

§

809. Contested cases; notice; hearing; records

(a) In a

contested case, all parties shall be given an opportunity for hearing after

reasonable notice.

(b) The notice

shall include:

(1) a statement

of the time, place, and nature of the hearing;

(2) a statement

of the legal authority and jurisdiction under which the hearing is to be held;

(3) a reference

to the particular sections of the statutes and rules involved;

(4) a short and

plain statement of the matters at issue. If the agency or other party is unable

to state the matters in detail at the time the notice is served, the initial

notice may be limited to a statement of the issues involved. Thereafter upon

application a more definite and detailed statement shall be furnished.

(c) Opportunity

shall be given all parties to respond and present evidence and argument on all

issues involved.

(d) Unless

precluded by law, informal disposition may be made of any contested case by

stipulation, agreed settlement, consent order, or default.

(e) The record

in a contested case shall include:

(1) all

pleadings, motions, intermediate rulings;

(2) all evidence

received or considered;

(3) a statement

of matters officially noticed;

(4) questions

and offers of proof, objections, and rulings thereon;

(5) proposed

findings and exceptions; and

(6) any

decision, opinion, or report.

(f) Oral

proceedings or any part thereof shall be transcribed on request of any party

subject to other applicable provisions of law, and upon payment by the

requesting party of the reasonable costs thereof.

(g) Findings of

fact shall be based exclusively on the evidence and on matters officially

noticed.

(h) The chair of

a board, commission or panel, a hearing officer appointed by a board,

commission or panel, or a licensed attorney representing a party before a

board, commission or panel may, whether or not specifically authorized in any

other provision of law, compel, by subpoena, the attendance and testimony of

witnesses and the production of books and records. Sections 809a and 809b of

this title shall apply to all subpoenas issued under this subsection.

Notwithstanding the provisions of section 816 of this title, this subsection

shall apply to the human services board, the labor relations board and the

employment security board. (1967, No. 360 (Adj. Sess.), § 9, eff. July 1, 1969;

amended 1987, No. 104.)