The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 23 V.S.A. § 105)
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§ 105. Hearing before Commissioner
(a) In the administration of the laws relating to motor vehicles and to the operators
and the operation of motor vehicles, the Commissioner may conduct hearings, subpoena
witnesses, administer oaths, and take testimony. He or she may also cause depositions
to be taken and order the production of books, papers, and records relating to the
matter under investigation. The fees for travel and attendance of witnesses and fees
for officers shall be the same as for witnesses and officers before a court and shall
be paid by the State upon presentation of proper bills of cost to the Commissioner
of Finance and Management. The fees of witnesses summoned or used by the petitioner
shall be paid by him or her. The Commissioner may appoint a hearing examiner to conduct
hearings. At all hearings, conducted by either the Commissioner or a hearing examiner,
an oath shall be administered.
(b) A person aggrieved by the decision of a hearing under subsection (a) of this section
may have such decision reviewed by the Superior Court pursuant to Rule 74 of the Vermont
Rules of Civil Procedure unless otherwise specifically provided by law.
(c) If a presuspension or prerevocation hearing is available by law, the written notice
of suspension or revocation shall so state. Unless otherwise specifically provided
by statute, a written request for a hearing must be received at the Department of
Motor Vehicles within 15 days after the date of the notice or the right to a hearing
is deemed to be waived. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1977, No. 260 (Adj. Sess.), § 1, eff. April 19, 1978; 1983, No. 195 (Adj. Sess.), § 5(b); 1991, No. 165 (Adj. Sess.), § 3; 1993, No. 212 (Adj. Sess.), § 5; 1999, No. 34, § 3; 2009, No. 154 (Adj. Sess.), § 238.)