14-002 Code Vt. R. 14-010-002-X
The Transportation Board, hereafter called "Board", exercises functions of a policy making, regulatory and quasi-judicial nature related to transportation under Title 19, Title 5, and Chapter 5 and 31-49 of Title 30, all of which relate to highway, air, rail and water transportation in Vermont. The Board has seven members appointed by the Governor with the advice and consent of the Senate. The Chairman of the Board is designated by the Governor. The Board's policies are executed by the Agency of Transportation. General charge of the Board's Office and affairs is vested in its Executive Secretary, from whom the public may obtain information, or to whom the public may make submissions or requests. The Executive Secretary's address is 133 State Street, Montpelier, Vermont, and the telephone number is 802-828-2669. Office hours are 7:45 a.m. to 4:30 p.m. Monday through Friday, except legal holidays.
The Vermont Transportation Board (hereinafter referred to as the "Board") hereby adopts so much of the following Vermont Rules of Civil Procedure to govern its proceedings in contested cases as they are not inconsistent with the laws of the State of Vermont or other specific rule of this Board in accordance therewith substituting the Board where reference is made to "court(s)" or to "judge(s)":
Rule b 52(b) Findings by the court - amendment
All papers including the original process and any other papers requesting relief or action from the Board shall be filed with the Clerk of the Board and shall include the original and three copies.
A person desiring to intervene in any proceedings shall file with the Board and serve on all parties a verified written application setting forth the facts upon which such person claims an interest in the proceeding. Applications must be filed with the Board with proof of service at least two days before the hearing. Failure to serve or file such application shall be deemed sufficient cause for the denial unless good and sufficient reason exists why is was not served or filed.
An attorney representing a party, may issue subpoenas for board proceedings in contested cases by following the procedures of VRCP 45. A party may apply to the Board for the issuance of subpoenas or subpoenas duces tecum. Such application shall be timely. It shall specify the name of the witness or the documents or things the production of which is desired, with such particularity as will enable such documents to be identified for purposes of production, the return date desired, and the general nature of the facts to be proved by the witness or the documents or things sought to be produced. Such application shall be filed with the Board and shall be served on all other parties. The Board may grant or deny such application in whole or in part and may make such subpoena returnable at any time. The Board may issue subpoenas at any time requiring persons, parties or witnesses to attend and be examined or give testimony, and to produce any document or thing that relates to any matter under investigation or any question before the Board.
Officers who serve subpoenas issued by the Board and witnesses attending hearings shall receive fees and compensation at the same rates as officers and witnesses in causes before a district court. Such fees and compensation are to be paid to persons entitled by the party requesting the subpoena.
Upon order of the Board setting a pre-hearing conference, upon its own initiative or the motion of a party, the Board or Board's agent shall hold a pre-hearing conference for the purpose of clarifying issues and stipulating to facts and applicable law. At the pre-hearing conference, the Board's agent will, unless otherwise directed by the Board, have the authority to make binding orders.
Any party intending to submit documentary exhibits in contested cases, shall provide the opposing party with a copy of the proposed exhibit and file the original with the Board not less than five days before the hearing. The filing of documentary exhibits shall not constitute acceptance into evidence by the Board or any admission by the other party of relevance, accuracy or materiality and the opposing party may object to their admission into evidence when offered. Documentary evidence which has not been pre-filed as required herein shall not be admitted into evidence by the Board except upon good cause shown. Impeachment exhibits need not be pre-filed. The Board may require pre-filed testimony at its discretion.
After the close of a hearing in a contested case, the Board shall prepare its decision which shall contain, but not be limited to:
The transcript of a hearing shall be ordered within the time provided in V.R.A.P. 10. One-half the estimated cost of the transcript shall be as determined by the Board. That sum shall be forwarded with Appellant's order for the transcript.
If any provision of these rules shall be held invalid by a decision of the Vermont Supreme Court or made invalid by a statutory change, such decision or statutory change shall not affect the validity of the remainder of these rules.
DESIGN HEARINGS -- NECESSITY PETITIONS AND COMPENSATION HEARINGS
14-002 Code Vt. R. 14-010-002-X