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Searching 2023-2024 Session

The Vermont Statutes Online

The Vermont Statutes Online have been updated to include the actions of the 2023 session of the General Assembly.

NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.

Title 5: Aeronautics and Surface Transportation Generally

Chapter 003: Proceedings by the Board; Judicial Review

  • § 31. Commencement of proceedings

    Proceedings before the Board authorized by this title may be commenced on motion of the Board or by a petition as specifically provided for by law. (Added 1985, No. 222 (Adj. Sess.), § 1.)

  • § 32. Production and examination of books; witnesses

    So far as is necessary for the performance of their duties, the members of the Transportation Board or the Secretary of Transportation or his or her designee and any other employee of the Agency authorized by the Secretary shall have power to examine the books, accounts, and papers of any person, receiver, trustee, or lessee owning or operating any line, plant, or property, subject to the Board’s or the Agency’s jurisdiction, that in any way relate to or contain entries, data, or memoranda concerning any transaction substantially affecting the interests of the State of Vermont or consumers of transportation services within the State. In addition to these powers, they may subpoena witnesses, administer oaths to witnesses, and examine them on all matters over which the Board or Agency has jurisdiction. (Added 1985, No. 222 (Adj. Sess.), § 1.)

  • § 33. Right of inspection

    The members of the Transportation Board, or the Secretary of Transportation or his or her designee and other employees of the Agency authorized by the Secretary, may during business hours enter and inspect the offices, plants, facilities, and stations or enter upon the land or lines of any company subject to supervision by the Board or the Agency. (Added 1985, No. 222 (Adj. Sess.), § 1.)

  • § 34. Refusal to show books; false oath; penalties

    A person, company, or corporation subject to the supervision of the Board or the Agency who refuses the Board or the Agency access to its books, accounts, or papers so far as may be necessary under the provisions of this chapter, or who fails or refuses to furnish any returns, reports, or information lawfully required by it, or who willfully hinders, delays, or obstructs it in the discharge of the duties imposed upon it, or who fails within a reasonable time to obey a final order or decree of the Board, shall be fined not more than $5,000.00. An individual who knowingly, under oath, makes a false return or statement or gives false information to the Board or the Agency, or who knowingly testifies falsely in any material matter before either of them, shall be deemed to have committed perjury and shall be punished accordingly. (Added 1985, No. 222 (Adj. Sess.), § 1.)

  • § 35. Depositions

    The Agency of Transportation, its representatives, or any party in any investigation or hearing conducted by virtue of this title may cause the depositions of witnesses, wherever residing, to be taken in the manner and be used for those purposes that the Supreme Court by rule has provided for taking depositions in civil actions in the Superior Courts. (Added 1985, No. 222 (Adj. Sess.), § 1.)

  • § 36. Service of process

    (a) All processes and hearing notices issued by the Board shall state the time and place of return and at least 12 days’ notice shall be given as the Board directs by certified or registered mail or publication, unless a shorter period is ordered by the Board as provided in subsection (b) of this section. However, all processes and notices pertaining to and on any hearings on clearances or other matters concerning the safety of railroad employees shall in addition be sent to the union representing the affected employee, if any.

    (b) The Board may shorten the notice period specified in subsection (a) of this section and grant a temporary restraining order under terms as it considers appropriate, if:

    (1) it clearly appears from specific facts shown by affidavit or by verified petition that immediate and irreparable injury, loss, damage, or danger to health will result to the petitioner before a hearing can be had upon notice as provided in subsection (a) of this section; and

    (2) notice of the application for the restraining order has been given to the company involved or to its attorney. (Added 1985, No. 222 (Adj. Sess.), § 1; amended 2017, No. 132 (Adj. Sess.), § 1.)

  • § 37. Members; terms; retirement; appeal

    (a) When a Board member who hears all or a substantial part of a case retires from office before the case is completed, that individual shall remain a member of the Board for the purpose of concluding and deciding the case and signing the findings, orders, decrees, and judgments of the case. A retiring chair shall also remain a member for the purpose of certifying questions of law if appeal is taken.

    (b) A case shall be deemed completed when the Board enters a final order even though judicial review is sought pursuant to 19 V.S.A. § 5(c) or the case remanded to the Board. Upon remand, the Board then in office may consider relevant evidence, including any part of the transcript of testimony in the proceedings prior to appeal. (Added 1985, No. 222 (Adj. Sess.), § 1; amended 2021, No. 184 (Adj. Sess.), § 27, eff. July 1, 2022.)

  • § 38. Fees of witnesses; duties of Executive Secretary; duties of Secretary of Agency

    The fees of witnesses before the Board or the Agency shall be the same as in the Superior Court. In all causes on behalf of or for the convenience or safety of the public, and in the investigation of accidents, the fees of witnesses and the expense of summoning them shall be paid by the Executive Secretary or the Secretary. Periodically, the Executive Secretary and the Secretary may request money from the Commissioner of Finance and Management to pay fees and expenses, and the Commissioner of Finance and Management shall issue his or her warrants. (Added 1985, No. 222 (Adj. Sess.), § 1; amended 2009, No. 33, § 11.)

  • § 39. Joint hearings and investigations

    The Board shall have authority to make joint investigations, hold joint hearings within or outside the State of Vermont, and issue joint or concurrent orders in conjunction or concurrence with any official, board, commission, or agency of any state or of the United States, whether, in the holding of the investigations or hearings or in the making of the orders, the Board shall function under agreements or compacts between states or under the concurrent power of states to regulate interstate commerce, or as an agency of the federal government, or otherwise. (Added 1985, No. 222 (Adj. Sess.), § 1.)

  • § 40. Pleadings; rules of practice; findings of fact

    (a) The forms, pleadings, and rules of practice and procedure before the Board shall be prescribed by the Board.

    (b) The Board shall hear all matters within its jurisdiction and make findings of fact. It shall state its rulings of law when required. Upon judicial review pursuant to 19 V.S.A. § 5(c), the Board’s findings of fact shall be accepted unless clearly erroneous. (Added 1985, No. 222 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.) § 1; 2021, No. 184 (Adj. Sess.), § 28, eff. July 1, 2022.)

  • § 41. Decree of Transportation Board; enforcement

    A party to an order or decree of the Transportation Board or the Board itself, or both, may complain to a Superior Court for relief against any disobedience of or noncompliance with a Board order or decree. In enforcement proceedings and upon notice as directed by the Superior Court, the Superior Court shall hear and consider the petition and make orders and decrees concerning the enforcement of the order and decree of the Transportation Board as the court deems appropriate. (Added 1985, No. 222 (Adj. Sess.), § 1.)

  • § 42. Injunctive proceedings

    Whenever the Agency of Transportation determines that a company subject to its supervision is failing or omitting or is about to fail or omit to do anything required of it by law or by order of the Board or is doing anything or permitting anything or is about to do anything or to permit anything to be done contrary to or in violation of law or of any order of the Board, the Agency of Transportation may commence an action or proceeding in any Superior Court for the purpose of having the violations or threatened violations stopped and prevented by injunction. An action or proceeding shall begin by a petition alleging the violation and asking for appropriate relief by way of injunction. It shall then be the duty of the court to specify the time, not exceeding 21 days after service of a copy of the petition, within which the company complained of must answer the petition, and the court may grant a temporary restraining order and preliminary injunction in accordance with the laws of the State and rules in the case made and provided. In case of default in answer, or after answer, the court shall immediately inquire into the facts and circumstances in the manner as the court directs without other or formal pleadings and without respect to any technical requirement. Any other persons as it shall seem to the court necessary or proper to join as parties in order to make its order, judgment, or writs effective may be joined as parties upon application of counsel to the Agency. The final judgment in any injunction action or proceedings shall either dismiss the action or proceeding or direct that an injunction be issued as asked for in the petition or in a modified form as the court may determine will afford appropriate relief. (Added 1985, No. 222 (Adj. Sess.), § 1.)

  • § 43. Judicial review

    A party to a cause who feels aggrieved by the final order, judgment, or decree of the Board may seek judicial review pursuant to 19 V.S.A. § 5(c). However, the Board, before final judgment, may permit an interlocutory appeal to be taken by any party pursuant to 19 V.S.A. § 5(c) for determination of questions of law in the same manner as the Supreme Court may by rule provide for appeals before final judgment from a Superior Court. Notwithstanding the provisions of the Vermont Rules of Civil Procedure or the Vermont Rules of Appellate Procedure, neither the time for filing a notice of appeal nor the filing of a notice of appeal, as provided in this section, shall operate as a stay of enforcement of an order of the Board unless the Board or the Supreme Court grants a stay under the provisions of section 44 of this chapter. (Added 1985, No. 222 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 56; 2021, No. 184 (Adj. Sess.), § 29, eff. July 1, 2022.)

  • § 44. Powers of the Supreme Court

    Upon appeal to the Supreme Court, the Court may reverse or affirm the judgments, orders, or decrees of the Transportation Board and may remand a cause to it with mandates, as law or equity shall require; and the Board shall enter its judgment, order, or decree in accordance with these mandates. Appeals to the Supreme Court shall not have the effect of vacating any judgment, order, or decree of the Board, but the Supreme Court, upon notice to interested parties, may suspend execution of a Board judgment under a decree as justice and equity require unless otherwise specifically provided by law. (Added 1985, No. 222 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 2; 2021, No. 184 (Adj. Sess.), § 29, eff. July 1, 2022.)

  • § 45. Additional personnel; compensation

    (a) For purposes of the proceedings described in subsection (b) of this section, the Board or Agency may retain the services of legal counsel, official stenographers, and expert witnesses. These persons shall be in addition to its regular personnel. The Board or Agency shall fix the amount of compensation and expenses to be paid to the additional personnel.

    (b) Proceedings for which additional personnel may be retained are:

    (1) hearings resulting from a company’s request to seek an increase in its rates, tolls, or charges, including hearings resulting from complaints against the proposed increase;

    (2) hearings resulting from a petition by a company or a person operating a company to issue stock, bonds, notes, or other evidences of indebtedness for which the approval of the Board is required by law; and

    (3) hearings resulting from a petition for a merger or consolidation for which the approval of the Board is required by law.

    (c) Persons employed by the State are competent to be designated to act for the same purposes and instead of or in conjunction with additional personnel retained under this section. However, when so acting, they shall not receive compensation in addition to their regular pay. (Added 1985, No. 222 (Adj. Sess.), § 1.)

  • § 46. Assessment of costs

    (a) The Board or the Agency may allocate the portion of the expense incurred by it in retaining additional personnel for the particular proceedings authorized in section 45 of this title to the company or companies involved in those proceedings. Periodically during the progress of the work of additional personnel, the Board or Agency shall render to the company detailed statements showing the amount of money expended or contracted for in the work of the personnel, which shall be paid by the company into the State Treasury at the time and in the manner as the Board or Agency may direct.

    (b) When regular employees of the Board or Agency are employed in the particular proceedings described in section 45 of this title, the Board or the Agency may also allocate the portion of these costs to the company or companies involved in the proceedings. The costs of regular employees shall be computed on the basis of working days within the salary period. The manner of assessment and of making payments shall otherwise be as provided in subsection (a) of this section. (Added 1985, No. 222 (Adj. Sess.), § 1.)