§ 4100b. Enforcement; Transportation Board
(a) The Transportation Board established in 19 V.S.A. § 3 shall enforce the provisions of this chapter.
(b) The Board shall adopt rules to implement the provisions of this chapter.
(c) Except for civil actions filed in Superior Court pursuant to section 4099 of this title, the Board shall have the following exclusive powers:
(1) Any person may file a written protest with the Board complaining of conduct governed
by and in violation of this chapter. The Board shall hold a public hearing in accordance
with the rules adopted by the Board.
(2) The Board shall issue written decisions and may issue orders to any person in violation
of this chapter.
(d) The parties to protests shall be permitted to conduct and use the same discovery procedures
as are provided in civil actions in the Superior Court.
(e) The Board shall be empowered to determine the location of hearings, appoint persons
to serve at the deposition of out-of-state witnesses, administer oaths, and authorize
stenographic or recorded transcripts of proceedings before it. Prior to the hearing
on any protest, but no later than 45 days after the filing of the protest, the Board
shall require the parties to the proceeding to attend a prehearing conference in which
the Chair or designee shall have the parties address the possibility of settlement.
If the matter is not resolved through the conference, the matter shall be placed on
the Board’s calendar for hearing. Settlement communications shall remain confidential,
shall be exempt from public inspection and copying under the Public Records Act, shall
not be disclosed, and shall not be used as an admission in any subsequent hearing.
(f) Compliance with the discovery procedures authorized by subsection (d) of this section
may be enforced by application to the Board. Obedience to subpoenas issued to compel
witnesses or documents may be enforced by application to the Superior Court in the
county where the hearing is to take place.
(g) Any party to any proceeding under this chapter who recklessly or knowingly fails,
neglects, or refuses to comply with an order issued by the Board shall be fined a
civil penalty not to exceed $2,500.00. Each day of noncompliance shall be considered
a separate violation of such order.
(h) Within 20 days after any order or decision of the Board authorized under this chapter,
any party to the proceeding may apply for a rehearing with respect to any matter determined
in the proceeding or covered or included in the order or decision. The application
for rehearing shall set forth fully every ground upon which it is claimed that the
decision or order complained of is unlawful or unreasonable. No appeal from any order
or decision of the Board shall be taken unless the appellant makes an application
for rehearing as provided in this subsection, and when the application for rehearing
has been made, no ground not set forth in the application shall be urged, relied on,
or given any consideration by the Board unless the Board for good cause shown allows
the appellant to specify additional grounds. Any party to the proceeding may appeal
the final order, including all interlocutory orders or decisions, pursuant to 19 V.S.A. § 5(c) within 30 days after the date the Board rules on the application for reconsideration
of the final order or decision. All findings of the Board upon all questions of fact
properly before the court shall be prima facie lawful and reasonable. The order or
decision appealed from shall not be set aside or vacated except for errors of law.
No additional evidence shall be heard or taken by the Supreme Court on appeals from
orders or decisions by the Board authorized under this title.
(i) In cases where the Board finds that a violation of this chapter has occurred or there
has been a failure to show good cause under section 4089 or 4098 of this title, the Board, upon petition, shall determine reasonable attorney’s fees and costs and
award them to the prevailing party. (Added 2009, No. 57, § 1, eff. June 1, 2009; amended 2015, No. 23, § 7; 2021, No. 184 (Adj. Sess.), § 34, eff. July 1, 2022.)