The Vermont Statutes Online

Title 6 : Agriculture

Chapter 161 : Vermont Milk Commission

Subchapter 001 : Vermont Milk Commission

• § 2929. Power to make orders and conduct hearings; rules

  (a) In administering this chapter, the Commission shall have the power to make orders under this section, conduct hearings, subpoena, and examine under oath producers, handlers, and distributors, their books, records, documents, correspondence, and accounts, and any other person it deems necessary to carry out the purposes and intent of this chapter.

  (b) Any order issued under this chapter shall only be made final after a public hearing and after publication of a proposed order for public review and comment for 30 days following the publication of the proposed order.

  (1) The Commission shall provide notice of the hearing on the proposed order to interested persons in accordance with the applicable provisions of 3 V.S.A. § 809(b), and to the public by advertisement in the newspapers of record approved by the Secretary of State under 3 V.S.A. § 839. The notice shall include proposed regulatory procedures for administration of the pricing order, as appropriate, and otherwise provide sufficient notice and explanation of the potential operation and impact of the order, including proposed findings and conclusions consistent with the requirements of section 2925 of this chapter.

  (2) Interested persons shall not be considered “parties,” and, except as otherwise specifically provided by subsection (c) of this section, the provisions of 3 V.S.A. chapter 25 relating to contested cases shall not apply to the procedure for the conduct of the hearing, the issuance of a proposed pricing order, or the promulgation of a final order. The hearing on the proposed order shall be held in accordance with the applicable provisions of 3 V.S.A. § 840(c) and (d), other than the provisions relating to notice and the requirements of 3 V.S.A. § 832a. The hearing procedure shall provide for the establishment of a formal record of sworn evidence received, matters officially noticed, questions and offers of proof submitted by interested persons, and any proposed findings presented.

  (3) The final order shall contain separate findings of fact and conclusions responsive to the requirements of section 2925 of this chapter and based exclusively on the evidence presented at the hearing and on matters officially noticed. The final order shall also provide specific response to any submissions filed by interested persons, including proposed findings. The final order shall be issued again in accordance with the procedural requirements of subdivision (1) of this subsection.

  (4) The Commission shall hold at least one formal deliberative meeting before the issuance of a proposed or final order. Except as provided in section 2922 of this chapter with respect to affirmative votes, a majority of the Commission shall constitute a quorum for these deliberative meetings, as well as for any hearing conducted in accordance with this section.

  (c) The procedure relating to ex parte communications set forth in 3 V.S.A. § 813 shall apply as the Commission deems appropriate to the development of a proposed order and to the deliberation and issuance of a final order.

  (d) The Commission shall adopt rules of procedure for the conduct of a hearing and issuance of a proposed and final pricing order under this chapter. Such rules may be adopted as emergency rules in accordance with 3 V.S.A. chapter 25. The Commission may adopt and enforce such reasonable rules and procedures as are deemed necessary to carry out the administration of the provisions of this chapter. (Added 1965, No. 175, § 50; amended 1991, No. 17, § 8(a), eff. April 4, 1991; 2007, No. 157 (Adj. Sess.), § 7, eff. May 20, 2008; 2021, No. 105 (Adj. Sess.), § 127, eff. July 1, 2022.)