The Vermont Statutes Online

Title 3 : Executive

Chapter 025 : Administrative Procedure

Subchapter 003 : RULEMAKING; PROCEDURES; GUIDANCE DOCUMENTS

• § 832. Exemptions; limitations

  (a) No agency shall be required to adopt a procedure or rule:

  (1) which may result in the disclosure of information considered by statute to be confidential;

  (2) setting forth guidelines to be used by the staff of an agency in the performance of audits, investigations, inspections, in settling commercial disputes or negotiating commercial arrangements, or in the defense, prosecution, or settlement of cases, if the disclosure of the statement would:

  (A) enable law violators to avoid detection;

  (B) facilitate disregard of requirements imposed by law; or

  (C) give a clearly improper advantage to persons who are in an adverse position to the state; or

  (3) describing the content of an agency budget.

  (b) Subsection 831(c) of this title does not require any agency to adopt rules:

  (1) establishing specific prices to be charged for particular goods or services sold by an agency;

  (2) concerning only the physical servicing, maintenance, or care of agency owned or operated facilities or property;

  (3) relating only to the use of a particular facility or property owned, operated, or maintained by the State or any of its subdivisions, if the substance of that rule is adequately indicated by means of signs or signals to persons who use the facility or property;

  (4) concerning only inmates of a correctional or detention facility, students enrolled in an educational institution, or patients admitted to a hospital, if adopted by that facility, institution, or hospital.

  (c) Subsections 831(b) and (c) of this title do not require the Attorney General to adopt procedures or rules describing the content of opinions or other legal advice given to agencies.

  (d) Notwithstanding subsections 831(b) and (c), when an agency receives a request to adopt a procedure or rule, it may elect to issue a declaratory ruling when it has in effect a procedure or rule, as requested, which disposes of the question presented. (Added 1981, No. 82, § 6.)