The Vermont Statutes Online

Title 3 : Executive

Chapter 025 : Administrative Procedure

Subchapter 003 : RULEMAKING; PROCEDURES; GUIDANCE DOCUMENTS

• § 846. Remedies for procedural failures

  (a) The following shall prevent a rule from taking effect:

  (1) failure to file with the Secretary of State;

  (2) failure to file with the Legislative Committee on Administrative Rules;

  (3) failure to file with the Interagency Committee on Administrative Rules; or

  (4) failure to respond to an objection of the Legislative Committee on Administrative Rules as required in section 842 of this title.

  (b) The following shall not affect the validity of a rule after its adoption:

  (1) inadvertent failure to make required assurances relating to an incorporation by reference; or

  (2) amendment after public hearing of the text of a proposed rule in a manner that does not cause the published summary of the rule to become misleading or inadequate; or

  (3) failure to certify that all procedures required by this chapter have been satisfied; or

  (4) failure to meet the style requirements of section 833 of this title; or

  (5) inadvertent failure to mail notice or copies of any rule.

  (c) Failure to identify the creation or enlargement in scope of a Public Records Act exemption in accordance with subdivision 838(a)(15) or subsection 841(b) of this subchapter shall render invalid the provisions of the rule that create or enlarge the exemption.

  (d) For other violations of this chapter, the Court may fashion appropriate relief.

  (e) An action to contest the validity of a rule for noncompliance with any of the provisions of this chapter, other than those listed in subsections (a) and (c) of this section, must be commenced within one year after the effective date of the rule. (Added 1981, No. 82, § 6; amended 1995, No. 61 § 4; 2001, No. 149 (Adj. Sess.), § 53, eff. June 27, 2002; 2015, No. 3, § 3; 2023, No. 85 (Adj. Sess.), § 4, eff. July 1, 2024.)