§ 1201. Definitions As used in this chapter: (1) “Contested hearing” means one of the following: (A) A case in which an applicant for a land use permit under 10 V.S.A. chapter 151 is required to obtain local Act 250 review of municipal impacts by a municipality that has taken steps required under section 4420 […]
§ 1202. Application (a) This chapter shall be used by local boards conducting contested hearings, where required by law, and may be used by local boards conducting contested hearings, even where not required by law. Local determinations to use this chapter, unless otherwise provided by law, shall be made by majority vote of those voting […]
§ 1203. Conflicts of interest Local boards shall comply with the provisions of 12 V.S.A. § 61(a) when they conduct contested hearings and make findings under this chapter. For purposes of this section, prohibitions referring to those within the fourth degree of consanguinity or affinity shall refer to the person’s spouse, as well as to […]
§ 1204. Notice (a) Initial public notice of any hearing under this chapter shall be provided in accordance with applicable statutes. All parties and interested persons shall be given an opportunity for hearing after reasonable notice. (b) At any hearing held under this chapter, opportunity shall be given to all parties to respond and present […]
§ 1205. Procedure at hearing (a) The chair or vice-chair of the local board shall preside at the hearing. If neither is available, the board shall elect a temporary chair. (b) The presiding officer may conduct all or part of the hearing by telephone, television, or other electronic means, if each participant in the hearing […]
§ 1206. Evidence (a) All testimony of parties and witnesses must be made under oath or affirmation. (b) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in civil cases in the Superior Courts of this State shall be followed. When necessary to ascertain facts not reasonably susceptible of […]
§ 1207. Ex parte communications (a) A presiding officer shall not communicate, directly or indirectly, with any party, party’s representative, party’s counsel, or any person interested in the outcome of the proceeding, on any issue in the proceeding, while the proceeding is pending, without notice and opportunity for all parties to participate. (b) No other […]
§ 1208. Qualification of members (a) Members of a local board in a contested hearing shall not participate in the decision unless they have heard all testimony and reviewed all other evidence submitted for the board’s decision. (b) Members who have not attended every session of the board in a contested hearing may participate in […]
§ 1209. Decisions (a) A final decision in a contested hearing shall be in writing and shall separately state findings of fact and conclusions of law. (b) Findings of fact shall explicitly and concisely restate the underlying facts that support the decision. They shall be based exclusively on evidence of the record in the contested […]
§ 1210. Appeals Appeals under this chapter shall be taken in the manner established for the underlying proceedings to which this chapter is applied. (Added 1993, No. 232 (Adj. Sess.), § 44, eff. March 15, 1995.)
