reglab/housing_qa huggingface dataset:
3 V.S.A. § 817
2021 Vermont Statutes|Title 3 - Executive|Chapter 25 - Administrative Procedure|§ 817. Legislative Committee on Administrative Rules

§ 817. Legislative Committee on Administrative Rules|(a) There is created a joint legislative committee to be known as the Legislative Committee on Administrative Rules. The Legislative Committee on Administrative Rules shall be composed of eight members of the General Assembly to be appointed for two-year terms ending on February 1 of odd-numbered years as follows: four members of the House of Representatives, appointed by the Speaker of the House, not all from the same party, and four members of the Senate to be appointed by the Senate Committee on Committees, not all from the same party. The Committee shall elect a chair and a vice chair from among its members.(b) The Committee shall meet as necessary for the prompt discharge of its duties and may use the staff and services of the Office of Legislative Counsel and the Office of Legislative Operations. The Committee shall adopt rules to govern its operation and organization. A quorum of the Committee shall consist of five members. For attendance at a meeting when the General Assembly is not in session, members of the Legislative Committee on Administrative Rules shall be entitled to the same per diem compensation and reimbursement for necessary expenses as provided members of standing committees under 2 V.S.A. § 23.(c) The Legislative Committee on Administrative Rules may hold public hearings on a proposed or previously adopted rule on its own initiative. The Committee shall give public notice of any hearing at least 10 days in advance and shall notify the agency affected. Any public hearing shall be scheduled at a time and place chosen to afford opportunity for affected persons to present their views. As appropriate, the Legislative Committee on Administrative Rules shall consult with the standing legislative committee having jurisdiction in the area of the rule under review.(d) In addition to its powers under section 842 of this title concerning rules, the Committee may, in similar manner, conduct public hearings, object, and file objections concerning existing rules. A rule reviewed under this subsection shall remain in effect until amended or repealed.(e) At any time following its consideration of a final proposal under section 841 of this title, the Committee, by majority vote of the entire Committee, may request that any standing committees of the General Assembly review the issues or questions presented therein which are outside the jurisdiction of the Committee but are within the jurisdiction of the standing committees. On receiving a request for review under this subsection, a standing committee may at its discretion review the issues or questions and act on them. The Committee's request for review shall not affect the review or review period of a final proposal. (Added 1975, No. 211 (Adj. Sess.), § 1; amended 1979, No. 59, § 12; 1981, No. 82, § 4; 1983, No. 88, § 10, eff. July 3, 1983; 2011, No. 89 (Adj. Sess.), § 2; 2013, No. 161 (Adj. Sess.), § 72; 2019, No. 144 (Adj. Sess.), § 20.)
3 V.S.A. § 818
2021 Vermont Statutes|Title 3 - Executive|Chapter 25 - Administrative Procedure|§ 818. Secretary of State; centralized rule system

§ 818. Secretary of State; centralized rule system|(a) The Secretary of State shall establish and maintain a centralized rule system that is open and available to the public. The system shall include all rules in effect or proposed as of July 1, 2019 and all rules proposed and adopted by agencies of the State after that date.(b) The Secretary shall design the centralized rule system to:  (1) facilitate public notice of and access to the rulemaking process; (2) provide the public with greater access to current and previous versions of adopted rules; and (3) promote more efficient and transparent filing by State agencies of rulemaking documents and review by the committees established in this chapter.   (c) At a minimum, the records included in the system shall include all documents submitted to the Secretary of State under this subchapter.(d) The centralized rule system may be digital, may be available online, and may be designed to support such other functions as the Secretary of State determines are consistent with the goals of this section and section 800 of this title. (Added 2017, No. 156 (Adj. Sess.), § 2, eff. July 1, 2019.)
3 V.S.A. § 820
2021 Vermont Statutes|Title 3 - Executive|Chapter 25 - Administrative Procedure|§ 820. Interagency Committee on Administrative Rules

§ 820. Interagency Committee on Administrative Rules|(a) For assistance in the review, evaluation and coordination of programs and activities of State agencies, the development of strategies for maximizing public input, and the promotion of consistent measures among agencies for involving the public in the rulemaking process, subject to the provisions of this chapter, an Interagency Committee on Administrative Rules is created. Members of the Committee shall be appointed by the Governor from the Executive Branch and shall serve at his or her pleasure.(b) The duties and responsibilities of the Committee shall be those established under this section or those directed by the Governor and shall include review of existing and proposed rules of agencies designated by the Governor for style, consistency with the law, legislative intent, and the policies of the Governor. The Committee shall make reports and recommendations concerning programs and activities of designated agencies subject to this chapter.(c) After a proposed rule is prefiled with the Committee, the Committee shall work with the agency and prescribe a strategy for maximizing public input on the proposed rule. The Committee shall evaluate the current efforts and practices of agencies for including the public in the development of proposed rules, and shall recommend an appropriate process for maximizing public input, based on the Committee's evaluation of current agency practices and the importance of public involvement, given the nature of the proposed rule. The Committee shall prescribe a specific strategy regarding the location, time and frequency of public hearings, and advise the agency on specific provisions of 1 V.S.A. chapter 5 and the consequences of failing to adhere to the prescribed strategy. (Added 1975, No. 211 (Adj. Sess.), § 2; amended 1981, No. 82, § 5; 1999, No. 146 (Adj. Sess.), § 3; 2001, No. 149 (Adj. Sess.), § 47, eff. June 27, 2002.)
3 V.S.A. § 831
2021 Vermont Statutes|Title 3 - Executive|Chapter 25 - Administrative Procedure|§ 831. Required policy statements and rules

§ 831. Required policy statements and rules|(a) Where due process or a statute directs an agency to adopt rules, the agency shall initiate rulemaking and adopt rules in the manner provided by sections 836-844 of this title.(b) An agency shall adopt a procedure describing an existing practice when so requested by an interested person.(c) An agency shall initiate rulemaking to adopt as a rule an existing practice or procedure when so requested by 25 or more persons or by the Legislative Committee on Administrative Rules. An agency shall not be required to initiate rulemaking with respect to any practice or procedure, except as provided by this subsection.(d) An agency required to hold hearings on contested cases as required by section 809 of this title shall adopt rules of procedure in the manner provided in this chapter.(e) Within 30 days after an agency discovers that the text of a final proposed rule as submitted to the Legislative Committee on Administrative Rules deviates from the text that the agency intended to submit to the Committee, the agency shall initiate rulemaking to correct the rule if the period for final adoption of the rule under subsection 843(c) of this title has elapsed.(f) Except as provided in subsections (a)-(e) of this section, an agency shall not be required to initiate rulemaking or to adopt a procedure or a rule. (Added 1981, No. 82, § 6; amended 1995, No. 61, § 1; 2001, No. 149 (Adj. Sess.), § 48, eff. June 27, 2002; 2017, No. 156 (Adj. Sess.), § 2.)
3 V.S.A. § 832
2021 Vermont Statutes|Title 3 - Executive|Chapter 25 - Administrative Procedure|§ 832. Exemptions; limitations

§ 832. Exemptions; limitations|(a) No agency shall be required to adopt a procedure or rule:  (1) which may result in the disclosure of information considered by statute to be confidential; (2) setting forth guidelines to be used by the staff of an agency in the performance of audits, investigations, inspections, in settling commercial disputes or negotiating commercial arrangements, or in the defense, prosecution, or settlement of cases, if the disclosure of the statement would:  (A) enable law violators to avoid detection; (B) facilitate disregard of requirements imposed by law; or (C) give a clearly improper advantage to persons who are in an adverse position to the state; or  (3) describing the content of an agency budget.   (b) Subsection 831(c) of this title does not require any agency to adopt rules:  (1) establishing specific prices to be charged for particular goods or services sold by an agency; (2) concerning only the physical servicing, maintenance, or care of agency owned or operated facilities or property; (3) relating only to the use of a particular facility or property owned, operated, or maintained by the State or any of its subdivisions, if the substance of that rule is adequately indicated by means of signs or signals to persons who use the facility or property; (4) concerning only inmates of a correctional or detention facility, students enrolled in an educational institution, or patients admitted to a hospital, if adopted by that facility, institution, or hospital.   (c) Subsections 831(b) and (c) of this title do not require the Attorney General to adopt procedures or rules describing the content of opinions or other legal advice given to agencies.(d) Notwithstanding subsections 831(b) and (c), when an agency receives a request to adopt a procedure or rule, it may elect to issue a declaratory ruling when it has in effect a procedure or rule, as requested, which disposes of the question presented. (Added 1981, No. 82, § 6.)
3 V.S.A. § 833
2021 Vermont Statutes|Title 3 - Executive|Chapter 25 - Administrative Procedure|§ 833. Style of rules

§ 833. Style of rules|(a) Rules and procedures shall be written in a clear and coherent manner using words with common and everyday meanings, consistent with the text of the rule or procedure.(b)(1) When an agency proposes to amend an existing rule, it shall replace terms identified as potentially disrespectful by the study produced in accordance with 2012 Acts and Resolves No. 24, Sec. 1 with respectful language recommended therein or used in the Vermont Statutes Annotated, where appropriate.  (2) All new rules adopted by agencies shall use, to the fullest extent possible, respectful language consistent with the Vermont Statutes Annotated and the respectful language study produced in accordance with 2012 Acts and Resolves No. 24, Sec. 1, where appropriate.   (c) The Secretary of State may issue a guidance document suggesting how agencies may draft rules and procedures in accordance with this section. The guidance document may include suggestions on style, numbering, and drafting the content of the filings required under this subchapter. (Added 1981, No. 82, § 6; amended 2013, No. 96 (Adj. Sess.), § 7; 2017, No. 156 (Adj. Sess.), § 2.)
3 V.S.A. § 834
2021 Vermont Statutes|Title 3 - Executive|Chapter 25 - Administrative Procedure|§ 834. Periodic review of rules and forms

§ 834. Periodic review of rules and forms|(a) Upon written request to an agency by the Legislative Committee on Administrative Rules, a rule or part of a rule that has not been adopted, readopted or substantially amended during the preceding six years shall expire one year from the date of the request. However, this section does not prevent the agency from adopting the same or a similar rule during that year.(b) The Secretary of State shall review all forms used by agencies and affecting members of the public and shall make recommendations for their simplification and consolidation. Agencies shall provide the Secretary with information reasonably requested for this purpose. The recommendations shall be sent to the agencies concerned, and to the Chairs of the Legislative Committee on Administrative Rules and of the Interagency Committee on Administrative Rules. (Added 1981, No. 82, § 6.)
3 V.S.A. § 835
2021 Vermont Statutes|Title 3 - Executive|Chapter 25 - Administrative Procedure|§ 835. Procedures and guidance documents

§ 835. Procedures and guidance documents|(a) Procedures and guidance documents shall be maintained by the agency in an official current compilation that includes an index. Each addition, change, or deletion to the official compilation shall also be dated, indexed, and recorded. The agency shall publish the compilation and index on its Internet website and make all procedures and guidance documents available to the public. On or after January 1, 2024, an agency shall not rely on a procedure or guidance document or cite it against any party to a proceeding, unless the procedure or guidance document is included in a compilation maintained and published in accordance with this subsection.(b) A procedure or guidance document shall not have the force of law. However, this subsection shall not apply to a procedure if a statute that specifically enables the procedure states that it has the force of law. This subsection is not intended to affect whether a court or quasi-judicial body gives deference to a procedure or guidance document issued by an agency whose action is before the court or body. (Added 1981, No. 82, § 6; amended 2017, No. 156 (Adj. Sess.), § 2.)
3 V.S.A. § 836
2021 Vermont Statutes|Title 3 - Executive|Chapter 25 - Administrative Procedure|§ 836. Procedure for adoption of rules

§ 836. Procedure for adoption of rules|(a) Except for emergency rules, rules shall be adopted by taking the following steps:  (1) prefiling, when required; (2) filing the proposed rule; (3) publishing the proposed rule; (4) holding a public hearing and receiving comments; (5) filing the final proposal; (6) responding to the Legislative Committee on Administrative Rules when required; and (7) filing the adopted rule.   (b) During the rulemaking process, the agency proposing the rule shall post on its website information concerning the proposal.  (1) The agency shall post the information on a separate page that is readily accessible from a prominent link on its main web page and that lists proposed rules by title and topic. (2) For each rulemaking, the posted information shall include:  (A) The proposed rule as filed under section 838 of this title. (B) The date by which comments may be submitted on the proposed rule and the address for such submission. (C) The date and location of any public hearing. (D) Each comment submitted to the agency on the proposed rule. The agency shall redact sensitive personal information from the posted comments. As used in this subdivision (D), "sensitive personal information" means each of the items listed in 9 V.S.A. § 2430(5)(A)(i)-(iv) and does not include the name, affiliation, and contact information of the commenter. (E) The final proposed rule as filed under section 841 of this title. (F) Each document submitted by the agency to the Legislative Committee on Administrative Rules.  (3) The agency shall maintain the information required by this subsection on its website until the earliest of the following dates: filing of a final adopted rule under section 843 of this title; withdrawal of the proposed rule; or expiration of the period for final adoption under subsection 843(c) of this title. (4) If an agency is a board or commission exercising quasi-judicial functions and members of the public can access all of the information required by subdivision (2) of this subsection through the agency's online case-management system, this information need not also be posted on the agency's website. Instead, the list of proposed rules on the agency's website shall include the case number for each proposed rule and instructions for accessing all of the information about the proposed rule in the agency's online case-management system. (Added 1981, No. 82, § 6; amended 2017, No. 156 (Adj. Sess.), § 2.)
3 V.S.A. § 837
2021 Vermont Statutes|Title 3 - Executive|Chapter 25 - Administrative Procedure|§ 837. Prefiling

§ 837. Prefiling|Except for emergency rules, a rule shall be prefiled with the Interagency Committee on Administrative Rules 15 days before filing under section 838 of this title. (Added 1981, No. 82, § 6; amended 2001, No. 149 (Adj. Sess.), § 49, eff. June 27, 2002.)
3 V.S.A. § 839
2021 Vermont Statutes|Title 3 - Executive|Chapter 25 - Administrative Procedure|§ 839. Publication of proposed rules

§ 839. Publication of proposed rules|(a) Online. The Secretary of State shall publish online notice of a proposed rule within two weeks after receipt of the proposed rule. Notice shall include the following information:  (1) the name of the agency; (2) the title or subject of the rule; (3) a concise summary in plain language of the effect of the rule; (4) an explanation of the people, enterprises, and governmental entities affected by the rule; (5) a brief summary of the economic impact; (6) the name, telephone number, and address of an agency official able to answer questions and receive comments on the proposal; (7) the date, time, and place of the hearing or hearings; and (8) the deadline for receiving comments.   (b) Editing of notices. The Secretary of State may edit all notices for clarity, brevity, and format and shall include a brief statement explaining how members of the public can participate in the rulemaking process.(c) Newspaper publication. The Secretary of State shall arrange for one formal publication, in a consolidated advertisement in newspapers having general circulation in different parts of the State as newspapers of record approved by the Secretary of State, of information relating to all proposed rules that includes the following information:  (1) the name of the agency and its Internet address; (2) the title or subject and a concise summary of the rule and the Internet address at which the rule may be viewed; and (3) the office name, office telephone number, and office mailing address of an agency official able to answer questions and receive comments on the proposal.   (d) Reimbursement. The Secretary of State shall be reimbursed by agencies making publication in accordance with subsection (c) of this section so that all costs are prorated among agencies publishing at the same time. (Added 1981, No. 82, § 6; amended 2009, No. 146 (Adj. Sess.), § F2; 2013, No. 1, § 79; 2017, No. 156 (Adj. Sess.), § 2.)
3 V.S.A. § 840
2021 Vermont Statutes|Title 3 - Executive|Chapter 25 - Administrative Procedure|§ 840. Public hearing and comment

§ 840. Public hearing and comment|(a) The agency may hold one or more public hearings for each proposed rule. A public hearing shall be scheduled if so requested by 25 persons, by a governmental subdivision or agency, by the Interagency Committee on Administrative Rules, or by an association having 25 or more members. The first hearing shall not be held sooner than 30 days following the notice required by section 839 of this title.(b) On request, the agency shall promptly provide a copy of a proposed or final proposed rule. If the copy is mailed, it shall be sent not later than the end of the third working day after the request is received. The agency may charge for copying costs in the amount provided by law.(c) An agency shall afford all persons reasonable opportunity to submit data, views or arguments, orally or in writing, at least through the seventh day following the last public hearing.(d) The agency shall consider fully all written and oral submissions concerning the proposed rule, and all submissions on separate requirements for small businesses. The agency shall provide information to all individuals, who submitted written or oral comment, on the procedure for adoption of rules and how to obtain changes in the proposed rule.(e) If requested by an interested person at any time before 30 days after final adoption of a rule, the adopting authority shall issue an explanation of the proposed rule. The explanation shall include:  (1) a concise statement of the principal reasons for and against the adoption of the rule in its final form; and (2) an explanation of why the adopting authority overruled the arguments and considerations against the rule. (Added 1981, No. 82, § 6; amended 1985, No. 56, § 4; 1999, No. 146 (Adj. Sess.), § 5; 2009, No. 146 (Adj. Sess.), § F3.)
3 V.S.A. § 841
2021 Vermont Statutes|Title 3 - Executive|Chapter 25 - Administrative Procedure|§ 841. Final proposal

§ 841. Final proposal|(a) After considering public comment as required in section 840 of this title, an agency shall file a final proposal with the Secretary of State and with the Legislative Committee on Administrative Rules. The Committee may require that the agency include an electronic copy of the final proposal with its filing.(b) The filing of the final proposal shall include all information required to be filed with the original proposal, suitably amended to reflect any changes made in the rule and the fact that public hearing and comment have been completed.  (1) With the final proposal, the agency shall include a statement that succinctly and separately addresses each of the following:  (A) how the proposed rule is within the authority of the agency; (B) why the proposed rule is not arbitrary; (C) the strategy for maximizing public input that was prescribed by the Interagency Committee on Administrative Rules and the actions taken by the agency that demonstrate compliance with that strategy; (D) the sufficiency of the economic impact analysis; and (E) the sufficiency of the environmental impact analysis.  (2) When an agency decides in a final proposal to overrule substantial arguments and considerations raised for or against the original proposal or to reject suggestions with respect to separate requirements for small businesses, the final proposal shall include a description of the reasons for the agency's decision.   (c) The Legislative Committee on Administrative Rules shall distribute a copy of the final proposal to:  (1) the chairs of the appropriate standing committees; (2) each member of the appropriate standing committees who requests a copy of the filing; and (3) the Chairs of the House and Senate Committees on Government Operations, if the cover sheet accompanying the filing identifies a Public Records Act exemption in the rule.   (d) The chair of a standing committee that considered legislation delegating rulemaking authority and, in the case of rules that create or enlarge the scope of a Public Records Act exemption, the Chairs of the House and Senate Committees on Government Operations, may convene the committee for the purpose of considering a recommended course of action for the Legislative Committee on Administrative Rules. The chair may convene such a meeting, pursuant to 2 V.S.A. § 23, while the General Assembly is not in session. Any recommended course of action shall be filed with the Legislative Committee on Administrative Rules no later than five working days before the Committee has scheduled a review of the proposed rule. (Added 1981, No. 82, § 6; amended 1985, No. 56, § 5; 1989, No. 134 (Adj. Sess.); 1999, No. 146 (Adj. Sess.), § 6; 2001, No. 149 (Adj. Sess.), § 51, eff. June 27, 2002; 2015, No. 3, § 2; 2017, No. 156 (Adj. Sess.), § 2.)