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Searching 2017-2018 Session

The Vermont Statutes Online

Title 3 : Executive

Chapter 025 : ADMINISTRATIVE PROCEDURE

(Cite as: 3 V.S.A. § 848)
  • § 848. Rules repeal; operation of law

    (a) A rule shall be repealed without formal proceedings under this chapter if:

    (1) the agency that adopted the rule is abolished and its authority, specifically including its authority to implement its existing rules, has not been transferred to another agency; or

    (2) a court of competent jurisdiction has declared the rule to be invalid; or

    (3) the statutory authority for the rule, as stated by the agency under subdivision 838(b)(4) of this title, is repealed by the General Assembly or declared invalid by a court of competent jurisdiction.

    (b) When a rule is repealed by operation of law under this section, the Secretary of State shall delete the rule from the published code of administrative rules.

    (c)(1) On July 1, 2018, a rule shall be repealed without formal proceedings under this chapter if:

    (A) as of July 1, 2016, the rule was in effect but not published in the code of administrative rules; and

    (B) the rule is not published in such code before July 1, 2018.

    (2) An agency seeking to publish a rule described in subdivision (1) of this subsection may submit a digital copy of the rule to the Secretary of State with proof acceptable to the Secretary that as of July 1, 2016 the rule was adopted and in effect under this chapter and the digital copy consists of the text of such rule without change.

    (d) If the statutory authority for a rule, as stated by the agency under subdivision 838(b)(4) of this title, is amended by the General Assembly, the agency shall review the rule and make a determination whether such statutory amendment repeals the authority upon which the rule is based, and shall, within 60 days of the effective date of the statutory amendment, inform in writing the Secretary of State and the Legislative Committee on Administrative Rules whether repeal or revision of the rule is required by the statutory amendment. (Added 1983, No. 202 (Adj. Sess.), § 2, eff. April 26, 1984; amended 2015, No. 169 (Adj. Sess.), § 12.)