§ 8. Powers of single Commission member or other officer or employee
(a) One Commission member or any officer or employee of the Commission duly appointed
by the Chair of the Commission may inquire into and examine any matter within the
jurisdiction of the Commission.
(b) A hearing officer may administer oaths in all cases, so far as the exercise of that
power is properly incidental to the performance of his or her duty or that of the
Commission. A hearing officer may hold any hearing in any matter within the jurisdiction
of the Commission to hear.
(c) A hearing officer shall report his or her findings of fact in writing to the Commission
in the form of a proposal for decision. A copy shall be served upon the parties pursuant
to 3 V.S.A. § 811. However, judgment on such findings shall be rendered only by a majority of the Commission.
(d) Written notice of a hearing before a Commissioner or a hearing officer shall be given
in accordance with section 10 of this title.
(e) Upon written request to the Commission at least five days prior to the hearing by
all parties to the case, the Chair shall appoint at least a majority of the Commission
to conduct the hearing.
(f) Notwithstanding subsection (c) of this section, the Chair may appoint a hearing officer
to hear and finally determine any consumer complaint where the amount in controversy
does not exceed $2,000.00. Upon petition of a party, filed within 30 days following
the issuance of the hearing officer’s decision and order, or on its own motion, the
Commission may determine that the hearing officer’s decision and order should be treated
as a proposal for decision and order as provided in subsection (c) of this section.
The Commission may grant a request for good cause, including apparent error of fact,
or procedural or substantive law, and may conduct additional evidentiary hearings
or hear oral argument from the parties. If the request is not timely made, or is not
granted by the Commission, the decision and order of the hearing officer shall become
the final decision and order of the Commission. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), (c), eff. March 1, 1961; 1971, No. 180 (Adj. Sess.), § 1, eff. March 28, 1972; 1973, No. 96; 1993, No. 21, § 4, eff. May 12, 1993; 2023, No. 85 (Adj. Sess.), § 337, eff. July 1, 2024; 2023, No. 142 (Adj. Sess.), § 2, eff. May 30, 2024.)