§ 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.)