Rule 17 - Hearing ProcessA hearing convened pursuant to Rule 16(e)(3)(B) will be conducted as follows:
(a)Panel. The hearing will be before a 3-Member panel of the Committee. The Member who decided not to certify the Applicant's good moral character must not serve on the panel. At the commencement of the hearing, one panel Member will be designated as the presiding Member.(b)Applicant's Participation. The Committee must provide the Applicant with written notice of the hearing. The Applicant may appear and present information to substantiate good moral character and fitness. The panel may preside remotely and may allow or require remote participation by the applicant, witnesses, and other necessary participants as provided in Vermont Rule of Civil Procedure 43.1.(c)Counsel. The Applicant is entitled to be represented by counsel at the hearing. The panel may appoint counsel to present evidence of the Applicant's moral character and fitness.(d)Rules of Evidence; Subpoena Power.(1) The rules of evidence apply, but evidence not admissible thereunder may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs and not precluded by statute or privilege.(2) The Committee may issue subpoenas or compel testimony. All testimony must be under oath administered by the presiding Member of the panel.(e)Hearing Closed. Unless the Applicant requests otherwise, the hearing will be closed except to Members, agents of the Committee, the Applicant, and the Applicant's counsel and witnesses.(f)Recording of Hearing. A record will be made of the hearing. If the panel does not certify an Applicant's good moral character and fitness, it must produce a transcript of the applicable hearing at its expense.(g)Expansion of Record. If, after the hearing, the panel seeks to expand the record to consider additional evidence, it may do so after providing notice and an opportunity to be heard to all parties.Effective 4/18/2016; amended February 7, 2022 eff. 4/11/2022; amended September 13, 2022 eff. 10/1/2022.Board's Notes-2022 Amendment
The opening sentence of Rule 17 is amended to correct the cross reference to Rule 16.
Board's Notes
This rule is derived from portions of the prior rules § 11.
Minor changes from prior rules § 11 reflect the Committee's current practice.
Board's Notes-2022 Amendment
Rule 17(b) is amended to allow the panel to preside remotely or to allow or require remote participation by others pursuant to Vermont Rule of Civil Procedure 43.1. Following the COVID-19 pandemic, remote hearings were authorized and encouraged under Administrative Order 49, ¶ 15(d). This practice was an effective method for participation and therefore remote participation is incorporated into the rules.