reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 19 - Stenographic Reporters › § 794. Oath; correctness of reports and copies

§ 794. Oath; correctness of reports and copies
Upon appointment, a stenographic reporter shall be sworn before entering upon his or her duties and shall be responsible for the correctness of his or her reports and certified copies thereof made by him or her or under his or her direction. (Amended 1979, No. 181 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 19 - Stenographic Reporters › § 795. Filing of copies of transcripts

§ 795. Filing of copies of transcripts
When directed by the presiding judge of a Superior Court so to do and within the time prescribed by such judge, such stenographic reporter shall file with the clerk thereof certified copies of the evidence and proceedings in a cause heard by it. Such copies shall be verbatim transcripts of the evidence and proceedings and be a part of the files of such court. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 19 - Stenographic Reporters › § 796. Transcripts for quasi-judicial proceedings

§ 796. Transcripts for quasi-judicial proceedings
A stenographic reporter shall furnish a verbatim and certified transcript of the evidence and proceedings in every hearing before a commission, department, or other quasi-judicial proceeding reported by him or her to the presiding officer within 20 days after the termination of such hearing. (Amended 1979, No. 181 (Adj. Sess.), § 14.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 19 - Stenographic Reporters › § 798. Probative force of transcripts

§ 798. Probative force of transcripts
All transcripts of evidence or proceedings in a cause or hearing tried in Superior Court or before an auditor, referee, or commissioner, ordered to be reported by a Probate or Superior judge, and made by or under the direction of the reporter and duly certified by him or her to be a verbatim transcript of the verbatim stenographic notes of such evidence or proceedings, shall be received as evidence in any action, civil or criminal, if relevant to the action. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1979, No. 181 (Adj. Sess.), § 16; 2009, No. 154 (Adj. Sess.), § 44; 2021, No. 105 (Adj. Sess.), § 13, eff. July 1, 2022.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 19 - Stenographic Reporters › § 799. Probate Division reporters

§ 799. Probate Division reporters
Upon request of a Probate judge, the Superior Court clerk shall appoint and assign a staff member to make a verbatim report of the proceeding in the Probate Division. (Amended 1979, No. 181 (Adj. Sess.), § 17; 2009, No. 154 (Adj. Sess.), § 44a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 19 - Stenographic Reporters › § 801. Hearings before commissions and quasi-judicial tribunals

§ 801. Hearings before commissions and quasi-judicial tribunals
In hearings before a commission, department, or other quasi-judicial proceedings, such tribunal shall hire stenographic reporters for the purpose of making verbatim reports of the proceedings when one of the parties so requests in writing. (1959, No. 192, § 1, eff. May 20, 1959.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 19 - Stenographic Reporters › § 802. Approval of accounts

§ 802. Approval of accounts
The presiding officer of a State department, commission, board, or other agency shall approve the accounts of the stenographer or reporter in the proceeding referred to in section 801 of this title and shall forward the same to the Commissioner of Finance and Management for payment. (1959, No. 192, § 3, eff. May 20, 1959; amended 1983, No. 195 (Adj. Sess.), § 5(b); 2023, No. 6, § 11, eff. July 1, 2023.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 19 - Stenographic Reporters › § 803. Electronic recording equipment

§ 803. Electronic recording equipment
(a) Subject to any rules prescribed by the Supreme Court pursuant to law, electronic sound or sound and video recording equipment may be used for the recording of any Superior Court or Judicial Bureau proceeding; testimony, objections, rulings, exceptions, arraignments, pleas, sentences, statements, and remarks made by any attorney or judge; oral instructions given by the judge; and any other judicial proceedings to the same extent as any recording by a stenographer or reporter permitted or required under existing statutes.
(b) For the purpose of operating recording equipment, the judge may appoint or designate the official reporter of that court, a special reporter, the clerk of the court, any staff of the court, the court officer, or any other designated court personnel. The person operating recording equipment shall subscribe to an oath that the operator will well and truly operate it to record all matters and proceedings.
(c) The court may then designate the person operating the equipment or any other competent person to read the recording and to transcribe it into typewriting. The person transcribing the recording shall subscribe to an oath that it has truly and correctly been transcribed.
(d) The transcript may be used for all purposes for which transcripts are now received and accepted under existing statutes. (Added 1969, No. 95; amended 1985, No. 144 (Adj. Sess.), § 10; 2009, No. 154 (Adj. Sess.), § 45.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 21 - Commissioners in Other States and Foreign Countries › § 851. Appointment and powers of commissioners

§ 851. Appointment and powers of commissioners
The Governor may appoint commissioners in other states and in foreign countries who shall hold office for five years unless sooner removed by him or her. They may take depositions, affidavits, and testimony to be used in any proceedings in Superior Court; administer oaths; and take the acknowledgment of deeds and other instruments to be used or recorded in this State, and their acts in other states or foreign countries shall have the same force as though performed by a justice or master in this State. (Amended 2021, No. 105 (Adj. Sess.), § 14, eff. July 1, 2022.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 21 - Commissioners in Other States and Foreign Countries › § 852. Oath and bond

§ 852. Oath and bond
Before entering upon his or her duties, each commissioner shall take and subscribe an oath of office before a magistrate of his or her locality and execute a bond to this State with sureties to the satisfaction of the Governor in the sum of $500.00, conditioned for the faithful performance of his or her duties. The bond shall be kept in the office of the Secretary of State, and an action may be maintained against any or all signers thereof, in the name of the State, for the benefit of a person injured by the act or neglect of the commissioner.
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 23 - Attorneys › § 902. Board of Bar Examiners

§ 902. Board of Bar Examiners
The Board of Bar Examiners shall consist of 11 voting members whose term of office shall be for four years and until a successor is appointed. Two members of the Board shall be laypersons not admitted to practice law in this or any other state. The Supreme Court shall annually appoint not more than four members of the Board on October 1. Vacancies on the Board may be filled by the Court. The Commissioner of Finance and Management shall issue his or her warrant for the expenses of each member of the Board when approved by the Court Administrator. (Amended 1959, No. 328 (Adj. Sess.), § 8(c); 1983, No. 81, § 5; 1983, No. 195 (Adj. Sess.), § 5(b); 2019, No. 13, § 1, eff. April 30, 2019.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 23 - Attorneys › § 906. Conflicting appointments; excuse from attending by Chief Superior Judge

§ 906. Conflicting appointments; excuse from attending by Chief Superior Judge
When an attorney is required to attend more than one trial, hearing, or other proceeding before a court or commission having judicial or quasi-judicial functions, or both, at times that conflict so that the attorney cannot reasonably attend each appointment, the attorney may request the Chief Superior Judge to designate which appointment the attorney shall attend. The Chief Superior Judge shall designate the appointment the attorney shall attend and shall notify the presiding magistrate of each court and commission of the Justice’s or judge’s decision. The attorney shall be excused from attending at that time any proceedings other than the one designated by the Chief Superior Judge, and the other proceedings shall be rescheduled. (1959, No. 169; amended 1979, No. 181 (Adj. Sess.), § 18; 2021, No. 147 (Adj. Sess.), § 19, eff. May 31, 2022.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 23 - Attorneys › § 907. Licensing and renewal fees

§ 907. Licensing and renewal fees
The Supreme Court may by rule impose a fee on applicants for admission to the bar on motion and on applicants for admission to the bar by examination. The Court may also impose an annual fee on lawyers admitted to the bar of the Supreme Court as a condition of being licensed to practice law. (Added 1983, No. 81, § 1; amended 2011, No. 75 (Adj. Sess.), § 102, eff. March 7, 2012.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 23 - Attorneys › § 908. Attorneys’ Admission, Licensing, and Professional Responsibility Special Fund

§ 908. Attorneys’ Admission, Licensing, and Professional Responsibility Special Fund
There is established the Attorneys’ Admission, Licensing, and Professional Responsibility Special Fund that shall be managed in accordance with 32 V.S.A. chapter 7, subchapter 5. Fees collected for licensing of attorneys, administration of the bar examination, admitting attorneys to practice in Vermont, and administration of mandatory continuing legal education shall be deposited and credited to this Fund. This Fund shall be available to the Judicial Branch to offset the cost of operating the Professional Responsibility Board, the Board of Bar Examiners, the Judicial Conduct Board, the Committee on Character and Fitness, the mandatory continuing legal education program for attorneys and, at the discretion of the Supreme Court, to make grants for access to justice programs or to the Vermont Bar Foundation to be used to support legal services for the disadvantaged. (Added 2005, No. 215 (Adj. Sess.), § 60; amended 2013, No. 67, § 10.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 25 - Jury Commission › § 952. Rules of Court Administrator

§ 952. Rules of Court Administrator
(a) The Court Administrator, subject to the approval of the Supreme Court, shall make rules regarding the qualifications, lists, and selection of all jurors and prepare questionnaires for prospective jurors. Each Superior Court clerk shall, in conformity with the rules, prepare a list of jurors from residents of its unit. The rules shall be designed to ensure that the list of jurors prepared by the Superior Court clerk shall be representative of the citizens of its unit in terms of age, sex, occupation, economic status, and geographical distribution.
(b) Rules adopted under this section shall be consistent with the provisions of this chapter. (Added 1967, No. 284 (Adj. Sess.), § 1; amended 1993, No. 24, § 4; 2009, No. 154 (Adj. Sess.), § 46; 2011, No. 31, § 4, eff. May 17, 2011; 2021, No. 105 (Adj. Sess.), § 15, eff. July 1, 2022.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 25 - Jury Commission › § 953. Sources of names

§ 953. Sources of names
(a) The clerk, in order to ascertain names of persons eligible as jurors, may consult the latest census enumeration; the latest published city, town, or village telephone or other directory; the listers’ records; the elections records; and any other general source of names.
(b) Notwithstanding any law to the contrary, the Court Administrator may obtain the names, addresses, and dates of birth of persons that are contained in the records of the Department of Motor Vehicles, the Department of Labor, the Department of Taxes, the Department of Health, and the Department for Children and Families. The Court Administrator may also obtain the names of voters from the Secretary of State. After the names have been obtained, the Court Administrator shall compile them and provide the names, addresses, and dates of birth to the clerk in a form that will not reveal the source of the names. The clerk shall include the names provided by the Court Administrator in the list of potential jurors.
(c) There shall be continuous research for persons qualified and liable for jury service, in order to obtain as many prospective jurors as necessary and in order to limit as many prospective jurors as necessary and in order to limit as much as possible repetition of jury service.
(d) No person’s name shall be placed on venire to serve in any State court of the State of Vermont more than once in any two-year period.
(e) All public officers shall, on request, furnish the clerk or the Court Administrator without charge any information it may require to enable it to select eligible persons, ascertain their qualifications, or determine the number needed. (Added 1967, No. 284 (Adj. Sess.), § 1; amended 2003, No. 146 (Adj. Sess.), § 2, eff. Jan. 1, 2005; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2005, No. 174 (Adj. Sess.), § 10; 2009, No. 154 (Adj. Sess.), § 47.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 25 - Jury Commission › § 954. Deposit of list

§ 954. Deposit of list
Prior to the first day of July in each biennial year, the clerk shall prepare and file a current master list of jurors and certify its completion and filing to the Court Administrator. The current master lists shall contain the number of names necessary adequately to serve the needs of the courts involved for a two-year period beginning July 1. (Added 1967, No. 284 (Adj. Sess.), § 1; amended 1969, No. 228 (Adj. Sess.), § 1, eff. March 31, 1970; 2009, No. 154 (Adj. Sess.), § 48.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 25 - Jury Commission › § 955. Questionnaire

§ 955. Questionnaire
The clerk shall send a jury questionnaire prepared by the Court Administrator to each person selected. When returned, it shall be retained in the Office of the Superior Court Clerk. Pursuant to section 952 of this title, the Court Administrator shall promulgate rules governing the inspection and availability of the juror questionnaires and the information contained in them. (Added 1967, No. 284 (Adj. Sess.), § 1; amended 1969, No. 228 (Adj. Sess.), § 2, eff. March 31, 1970; 2009, No. 154 (Adj. Sess.), § 49; 2013, No. 67, § 1.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 25 - Jury Commission › § 957. Drawing and summoning jurors

§ 957. Drawing and summoning jurors
The manner of drawing and summoning jurors from the lists provided shall be in accordance with the rules of the court in which they are called to serve and all applicable statutes, including section 952 of this title, requiring that the panel shall be representative of the citizens of the unit in terms of age, sex, occupation, economic status, and geographical distribution. (Added 1967, No. 284 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 50.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 25 - Jury Commission › § 958. Nonappearance; penalty

§ 958. Nonappearance; penalty
A juror who does not appear after being summoned, and does not submit an excuse satisfactory to the court in which the juror was summoned to appear, shall be assessed a civil penalty by the presiding judge of not more than $200.00. The prospective juror may be excused from paying the assessment for good cause shown or in the interests of justice. (Added 1967, No. 284 (Adj. Sess.), § 1; amended 2003, No. 146 (Adj. Sess.), § 3, eff. Jan. 1, 2005.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 25 - Jury Commission › § 959. Grand jurors; venire

§ 959. Grand jurors; venire
The clerk, as directed by the judges of each Superior Court, shall summon 18 judicious persons within the unit to appear at any stated or special term of that court to serve as grand jurors of the unit. The clerk of the court shall issue a venire accordingly. (Added 1967, No. 284 (Adj. Sess.), § 1; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 51.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 25 - Jury Commission › § 961. Failure to return form; misrepresentation; penalties

§ 961. Failure to return form; misrepresentation; penalties
(a) Any person who fails to return a completed questionnaire within 14 days of its receipt may be summoned by the Superior Court clerk to appear forthwith before the clerk to fill out a jury questionnaire. Any person so summoned who fails to appear as directed shall be ordered forthwith by the presiding judge to appear and show cause for his or her failure to comply with the summons. Any person who fails to appear pursuant to such order or who fails to show good cause for noncompliance may be found in contempt of court and shall be subject to the penalties for contempt.
(b) Any person who willfully misrepresents a material fact on the jury questionnaire form for the purpose of avoiding or securing service as a juror may be fined not more than $50.00. (Added 1969, No. 228 (Adj. Sess.), § 3; amended 2009, No. 154 (Adj. Sess.), § 52; 2017, No. 11, § 1.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 25 - Jury Commission › § 962. Qualifications; excuse from service

§ 962. Qualifications; excuse from service
(a) A person shall be qualified for jury service if the person:
(1) is a citizen of the United States who has attained the age of majority;
(2) resides within the geographical jurisdiction of the court in which called to serve;
(3) is able to read, write, understand, and speak the English language;
(4) is capable, by reason of mental or physical condition, to render satisfactory jury service; and
(5) has not served a term of imprisonment in this State after conviction of a felony.
(b) No person shall be automatically excused from jury service; however, the presiding judge may excuse a person for all or part of the two-year period upon individual request showing undue hardship on the prospective juror or the employer. (Added 1993, No. 24, § 1, eff. March 1, 1994.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 25 - Jury Commission › § 963. Term of service

§ 963. Term of service
A person summoned to petit jury service shall not appear before the court for jury selection more than three times in any two-year period of time and shall be required to appear at the courthouse to serve as a juror on the date of trial no more than three times in that two-year period. (Added 1993, No. 24, § 2, eff. March 1, 1994; amended 2003, No. 146 (Adj. Sess.), § 4, eff. Jan. 1, 2005.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 27 - Environmental Court › § 1001. Environmental Division

§ 1001. Environmental Division
(a) The Environmental Division shall consist of two judges, each sitting alone.
(b) Two Environmental judges shall be appointed to hear matters in the Environmental Division and to hear other matters in the Superior Court when so assigned by the Chief Superior Judge pursuant to subsection 21a(c) of this title.
(c) An Environmental judge shall be an attorney admitted to practice before the Vermont Supreme Court. An Environmental judge shall be nominated, appointed, confirmed, paid, and retained and shall receive all benefits in the manner of a Superior judge.
(d) An Environmental judge shall be appointed on April 1 for a term of six years or the unexpired portion thereof.
(e) Evidentiary proceedings in the Environmental Division shall be held in the county in which all or a portion of the land that is the subject of the appeal is located or where the violation is alleged to have occurred, unless the parties agree to another location; provided, however, that the Environmental judge shall offer expeditious evidentiary hearings so that no such proceedings are moved to another county to obtain an earlier hearing. Unless otherwise ordered by the court, all nonevidentiary hearings may be conducted by telephone or video conferencing using an audio or video record. If a party objects to a telephone hearing, the court may require a personal appearance for good cause.
(f) [Repealed.]
(g) The Supreme Court may enact rules and develop procedures consistent with this chapter to govern the operation of the Environmental Division and proceedings in it. In adopting these rules, the Supreme Court shall ensure that the rules provide for:
(1) expeditious proceedings that give due consideration to the needs of pro se litigants;
(2) the ability of the judge to hold pretrial conferences by telephone;
(3) the use of scheduling orders under the Vermont Rules of Civil Procedure in order to limit discovery to that which is necessary for a full and fair determination of the proceeding; and
(4) the appropriate use of site visits by the presiding judge to assist the court in rendering a decision. (Added 1989, No. 98, § 2; amended 1991, No. 108, § 3; 1993, No. 92, § 14; 1993, No. 232 (Adj. Sess.), § 39, eff. March 15, 1995; 1995, No. 181 (Adj. Sess.), § 21; 2001, No. 149 (Adj. Sess.), § 73, eff. June 27, 2002; 2003, No. 115 (Adj. Sess.), § 9, eff. Jan. 31, 2005; 2009, No. 154 (Adj. Sess.), § 53; 2021, No. 147 (Adj. Sess.), § 20, eff. May 31, 2022.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 27 - Environmental Court › § 1002. Conduct of hearings

§ 1002. Conduct of hearings
Hearings before the Environmental Division shall be conducted in an impartial manner subject to rules of the Supreme Court providing for a summary, expedited proceeding. (Added 1989, No. 98, § 2; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2009, No. 154 (Adj. Sess.), § 53a.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 27 - Environmental Court › § 1003. Evidence

§ 1003. Evidence
(a) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The Vermont Rules of Evidence shall be followed, except that evidence not admissible under the Rules of Evidence may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form. Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.
(b) Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency’s specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. (Added 1989, No. 98, § 2.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 27 - Environmental Court › § 1004. Access to information

§ 1004. Access to information
(a) In connection with any proceedings under 10 V.S.A. chapter 201, each party shall provide all other parties with all written statements and information in the possession, custody, or control of the party relative to the violation, including any technical studies, tests and reports, maps, architectural and engineering plans and specifications, drawings, graphs, charts, photographs, and other data compilations from which information can be obtained, the names and addresses of the party’s witnesses, and any other information that the Environmental Division deems necessary, in its sole discretion, to a fair and full determination of the proceeding.
(b) No other discovery or depositions, written interrogatories, or requests to admit shall be permitted except that which is necessary for a full and fair determination of the proceeding. (Added 1989, No. 98, § 2; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2003, No. 115 (Adj. Sess.), § 10, eff. Jan. 31, 2005; 2009, No. 154 (Adj. Sess.), § 53b.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 29 - Judicial Bureau › § 1103. Venue

§ 1103. Venue
Venue for violation hearings in the Judicial Bureau shall be in the unit of the Superior Court where the violation is alleged to have occurred. (Added 1997, No. 121 (Adj. Sess.), § 4; amended 2009, No. 154 (Adj. Sess.), § 54.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 29 - Judicial Bureau › § 1104. Appointment of hearing officers

§ 1104. Appointment of hearing officers
The Chief Superior Judge shall appoint members of the Vermont Bar to serve as hearing officers to hear cases. Hearing officers shall be subject to the Code of Judicial Conduct. (Added 1997, No. 121 (Adj. Sess.), § 4; amended 2009, No. 154 (Adj. Sess.), § 55a; 2021, No. 147 (Adj. Sess.), § 21, eff. May 31, 2022.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 29 - Judicial Bureau › § 1106. Hearing

§ 1106. Hearing
(a) The Bureau shall notify the person charged and the issuing officer of the time and place for the hearing.
(b) The hearing shall be held before a hearing officer and conducted in an impartial manner. The hearing officer may, by subpoena, compel the attendance and testimony of witnesses and the production of books and records. All witnesses shall be sworn. The burden of proof shall be on the State or municipality to prove the allegations by clear and convincing evidence. As used in this section, “clear and convincing evidence” means evidence that establishes that the truth of the facts asserted is highly probable. Certified copies of records supplied by the Department of Motor Vehicles or the Agency of Natural Resources and presented by the issuing officer or other person shall be admissible without testimony by a representative of the Department of Motor Vehicles or the Agency of Natural Resources.
(c) The hearing officer shall make findings that shall be stated on the record or, if more time is needed, made in writing at a later date. The hearing officer may make a finding that the person has committed a lesser included violation. If the hearing officer finds that the defendant committed a violation, the hearing officer shall consider evidence of ability to pay, if offered by the defendant, prior to imposing a penalty.
(d) A law enforcement officer may void or amend a complaint issued by that officer by so marking the complaint and returning it to the Bureau, regardless of whether the amended complaint is a lesser included violation. At the hearing, a law enforcement officer may void or amend a complaint issued by that officer in the discretion of that officer.
(e) A State’s Attorney may dismiss or amend a complaint.
(f) The Supreme Court shall establish rules for the conduct of hearings under this chapter. (Added 1997, No. 121 (Adj. Sess.), § 4; amended 2009, No. 54, § 59, eff. June 1, 2009; 2009, No. 154 (Adj. Sess.), § 55b; 2011, No. 73 (Adj. Sess.), § 9; 2015, No. 147 (Adj. Sess.), § 21.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 29 - Judicial Bureau › § 1107. Appeals

§ 1107. Appeals
(a) A decision of the hearing officer may be appealed to the Criminal Division of the Superior Court. The proceeding before the Criminal Division of the Superior Court shall be on the record or, at the option of the defendant, de novo. The defendant shall have the right to trial by jury. An appeal shall stay payment of a penalty and the imposition of points.
(b) [Repealed.]
(c) If a decision is appealed, the State’s Attorney of the county in which the violation occurred shall represent the State, and the State’s Attorney, municipal attorney, or other designee of the legislative body of the municipality shall represent the municipality.
(d) No appeal as of right exists to the Supreme Court. On motion made to the Supreme Court by a party, the Supreme Court may allow an appeal to be taken to it from the Criminal Division of the Superior Court. (Added 1997, No. 121 (Adj. Sess.), § 4; amended 2005, No. 188 (Adj. Sess.), § 7; 2009, No. 54, § 60, eff. June 1, 2009; 2009, No. 154, §§ 236, 238; 2011, No. 73 (Adj. Sess.), § 10; 2017, No. 93 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 29 - Judicial Bureau › § 1108. Judicial Bureau violations; jurisdiction of assistant judges

§ 1108. Judicial Bureau violations; jurisdiction of assistant judges
(a) Subject to the limits of this section and notwithstanding any provision of law to the contrary, an assistant judge sitting alone shall have the same jurisdiction, powers, and duties to hear and decide matters within the jurisdiction of the Judicial Bureau under section 1102 of this title as a hearing officer has under the provisions of this chapter.
(b)(1) An assistant judge who elects to hear and decide matters in the Judicial Bureau shall:
(A) [Repealed.]
(B) have successfully completed at least 40 hours of training, which shall be provided by the Court Administrator; and
(C) annually complete eight hours of continuing education supervised by the Court Administrator.
(2) The training and education required by this subsection shall be developed by the Court Administrator in consultation with the Association of Assistant Judges. Law clerk assistance shall be available to the assistant judges.
(c) The Chief Superior Judge may assign or direct assignment of an assistant judge with the assistant judge’s consent to hear matters in the Judicial Bureau within the county in which the assistant judge presides or in a county other than the county in which the assistant judge presides if the assistant judge has elected to hear and decide such matters. (Added 1997, No. 121 (Adj. Sess.), § 4; amended 2005, No. 167 (Adj. Sess.), § 6, eff. May 20, 2006; 2009, No. 154 (Adj. Sess.), § 55a; 2021, No. 147 (Adj. Sess.), § 22, eff. May 31, 2022.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 29 - Judicial Bureau › § 1110. Licenses or governmental contracts

§ 1110. Licenses or governmental contracts
(a) As used in this section, “license” means any license, certification, or registration issued by an agency to conduct a trade or business, including a license to practice a profession or occupation, or a license required to engage in recreational activities, including licenses to hunt, fish, or trap.
(b) Every applicant for a license shall sign a statement that the applicant is in good standing with respect to any unpaid judgment issued by the Judicial Bureau or Criminal Division of the Superior Court for fines or penalties for a violation or criminal offense. A license may not be issued or renewed without such a statement.
(c) For the purposes of this section, a person is in good standing with respect to any unpaid judgment issued by the Judicial Bureau or Criminal Division of the Superior Court for fines or penalties for a violation or criminal offense if:
(1) 60 days or fewer have elapsed since the date a judgment was issued; or
(2) the person is in compliance with a repayment plan approved by the judiciary. (Added 2007, No. 51, § 3, eff. Jan. 1, 2008; amended 2009, No. 154, § 238.)
2023 Vermont Statutes › Title 4 - Judiciary › Chapter 29 - Judicial Bureau › § 1111. Civil violation; failure to produce identification

§ 1111. Civil violation; failure to produce identification
(a) A law enforcement officer is authorized to detain a person if:
(1) the officer has reasonable grounds to believe the person has committed a civil violation of Title 7, 10, 13, 18, or 23; and
(2) the person refuses to identify himself or herself satisfactorily to the officer when requested by the officer.
(b) The person may be detained under this section only until the person identifies himself or herself satisfactorily to the officer or is properly identified. If the officer is unable to obtain the identification information, the person shall forthwith be brought before a judge in the Criminal Division of the Superior Court for that purpose. A person who refuses to identify himself or herself to the court on request shall immediately and without service of an order on the person be subject to civil contempt proceedings pursuant to 12 V.S.A. § 122. (Added 2013, No. 194 (Adj. Sess.), § 12, eff. June 17, 2014.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 1 - Transportation Board › § 1. Definitions

§ 1. Definitions
As used in this title, unless the context requires otherwise:
(1) “Agency” means the Agency of Transportation.
(2) “Board” means the Transportation Board.
(3) “Municipality” means a county, city, village, town, or any other political subdivision of this State and any public corporation, authority, or district of this State that is or may be authorized by law to acquire, establish, construct, maintain, improve, or operate transportation facilities or services.
(4) “Person” means an individual, firm, partnership, corporation, company, association, joint stock association, or body politic, including a trustee, receiver, assignee, or other similar representative.
(5) “Political subdivision” means any county, city, town, or other municipality.
(6) “Secretary” means the Secretary of Transportation.
(7) “Agency of Transportation” or “Agency” means the State, the Agency of Transportation, its Secretary, or its officials. (Added 1985, No. 222 (Adj. Sess.), § 1; amended 2021, No. 105 (Adj. Sess.), § 16, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 1 - Transportation Board › § 2. Transportation Board; generally

§ 2. Transportation Board; generally
The provisions of this part set forth the duties, authority, and responsibility and procedures of the Transportation Board relative to the provisions of this title, except as otherwise provided. (Added 1985, No. 222 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 3 - Proceedings by the Board; Judicial Review › § 31. Commencement of proceedings

§ 31. Commencement of proceedings
Proceedings before the Board authorized by this title may be commenced on motion of the Board or by a petition as specifically provided for by law. (Added 1985, No. 222 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 3 - Proceedings by the Board; Judicial Review › § 32. Production and examination of books; witnesses

§ 32. Production and examination of books; witnesses
So far as is necessary for the performance of their duties, the members of the Transportation Board or the Secretary of Transportation or his or her designee and any other employee of the Agency authorized by the Secretary shall have power to examine the books, accounts, and papers of any person, receiver, trustee, or lessee owning or operating any line, plant, or property, subject to the Board’s or the Agency’s jurisdiction, that in any way relate to or contain entries, data, or memoranda concerning any transaction substantially affecting the interests of the State of Vermont or consumers of transportation services within the State. In addition to these powers, they may subpoena witnesses, administer oaths to witnesses, and examine them on all matters over which the Board or Agency has jurisdiction. (Added 1985, No. 222 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 3 - Proceedings by the Board; Judicial Review › § 33. Right of inspection

§ 33. Right of inspection
The members of the Transportation Board, or the Secretary of Transportation or his or her designee and other employees of the Agency authorized by the Secretary, may during business hours enter and inspect the offices, plants, facilities, and stations or enter upon the land or lines of any company subject to supervision by the Board or the Agency. (Added 1985, No. 222 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 3 - Proceedings by the Board; Judicial Review › § 34. Refusal to show books; false oath; penalties

§ 34. Refusal to show books; false oath; penalties
A person, company, or corporation subject to the supervision of the Board or the Agency who refuses the Board or the Agency access to its books, accounts, or papers so far as may be necessary under the provisions of this chapter, or who fails or refuses to furnish any returns, reports, or information lawfully required by it, or who willfully hinders, delays, or obstructs it in the discharge of the duties imposed upon it, or who fails within a reasonable time to obey a final order or decree of the Board, shall be fined not more than $5,000.00. An individual who knowingly, under oath, makes a false return or statement or gives false information to the Board or the Agency, or who knowingly testifies falsely in any material matter before either of them, shall be deemed to have committed perjury and shall be punished accordingly. (Added 1985, No. 222 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 3 - Proceedings by the Board; Judicial Review › § 35. Depositions

§ 35. Depositions
The Agency of Transportation, its representatives, or any party in any investigation or hearing conducted by virtue of this title may cause the depositions of witnesses, wherever residing, to be taken in the manner and be used for those purposes that the Supreme Court by rule has provided for taking depositions in civil actions in the Superior Courts. (Added 1985, No. 222 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 3 - Proceedings by the Board; Judicial Review › § 36. Service of process

§ 36. Service of process
(a) All processes and hearing notices issued by the Board shall state the time and place of return and at least 12 days’ notice shall be given as the Board directs by certified or registered mail or publication, unless a shorter period is ordered by the Board as provided in subsection (b) of this section. However, all processes and notices pertaining to and on any hearings on clearances or other matters concerning the safety of railroad employees shall in addition be sent to the union representing the affected employee, if any.
(b) The Board may shorten the notice period specified in subsection (a) of this section and grant a temporary restraining order under terms as it considers appropriate, if:
(1) it clearly appears from specific facts shown by affidavit or by verified petition that immediate and irreparable injury, loss, damage, or danger to health will result to the petitioner before a hearing can be had upon notice as provided in subsection (a) of this section; and
(2) notice of the application for the restraining order has been given to the company involved or to its attorney. (Added 1985, No. 222 (Adj. Sess.), § 1; amended 2017, No. 132 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 3 - Proceedings by the Board; Judicial Review › § 37. Members; terms; retirement; appeal

§ 37. Members; terms; retirement; appeal
(a) When a Board member who hears all or a substantial part of a case retires from office before the case is completed, that individual shall remain a member of the Board for the purpose of concluding and deciding the case and signing the findings, orders, decrees, and judgments of the case. A retiring chair shall also remain a member for the purpose of certifying questions of law if appeal is taken.
(b) A case shall be deemed completed when the Board enters a final order even though judicial review is sought pursuant to 19 V.S.A. § 5(c) or the case remanded to the Board. Upon remand, the Board then in office may consider relevant evidence, including any part of the transcript of testimony in the proceedings prior to appeal. (Added 1985, No. 222 (Adj. Sess.), § 1; amended 2021, No. 184 (Adj. Sess.), § 27, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 3 - Proceedings by the Board; Judicial Review › § 38. Fees of witnesses; duties of Executive Secretary; duties of Secretary of Agency

§ 38. Fees of witnesses; duties of Executive Secretary; duties of Secretary of Agency
The fees of witnesses before the Board or the Agency shall be the same as in the Superior Court. In all causes on behalf of or for the convenience or safety of the public, and in the investigation of accidents, the fees of witnesses and the expense of summoning them shall be paid by the Executive Secretary or the Secretary. Periodically, the Executive Secretary and the Secretary may request money from the Commissioner of Finance and Management to pay fees and expenses, and the Commissioner of Finance and Management shall issue his or her warrants. (Added 1985, No. 222 (Adj. Sess.), § 1; amended 2009, No. 33, § 11.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 3 - Proceedings by the Board; Judicial Review › § 39. Joint hearings and investigations

§ 39. Joint hearings and investigations
The Board shall have authority to make joint investigations, hold joint hearings within or outside the State of Vermont, and issue joint or concurrent orders in conjunction or concurrence with any official, board, commission, or agency of any state or of the United States, whether, in the holding of the investigations or hearings or in the making of the orders, the Board shall function under agreements or compacts between states or under the concurrent power of states to regulate interstate commerce, or as an agency of the federal government, or otherwise. (Added 1985, No. 222 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 3 - Proceedings by the Board; Judicial Review › § 40. Pleadings; rules of practice; findings of fact

§ 40. Pleadings; rules of practice; findings of fact
(a) The forms, pleadings, and rules of practice and procedure before the Board shall be prescribed by the Board.
(b) The Board shall hear all matters within its jurisdiction and make findings of fact. It shall state its rulings of law when required. Upon judicial review pursuant to 19 V.S.A. § 5(c), the Board’s findings of fact shall be accepted unless clearly erroneous. (Added 1985, No. 222 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.) § 1; 2021, No. 184 (Adj. Sess.), § 28, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 3 - Proceedings by the Board; Judicial Review › § 41. Decree of Transportation Board; enforcement

§ 41. Decree of Transportation Board; enforcement
A party to an order or decree of the Transportation Board or the Board itself, or both, may complain to a Superior Court for relief against any disobedience of or noncompliance with a Board order or decree. In enforcement proceedings and upon notice as directed by the Superior Court, the Superior Court shall hear and consider the petition and make orders and decrees concerning the enforcement of the order and decree of the Transportation Board as the court deems appropriate. (Added 1985, No. 222 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 3 - Proceedings by the Board; Judicial Review › § 42. Injunctive proceedings

§ 42. Injunctive proceedings
Whenever the Agency of Transportation determines that a company subject to its supervision is failing or omitting or is about to fail or omit to do anything required of it by law or by order of the Board or is doing anything or permitting anything or is about to do anything or to permit anything to be done contrary to or in violation of law or of any order of the Board, the Agency of Transportation may commence an action or proceeding in any Superior Court for the purpose of having the violations or threatened violations stopped and prevented by injunction. An action or proceeding shall begin by a petition alleging the violation and asking for appropriate relief by way of injunction. It shall then be the duty of the court to specify the time, not exceeding 21 days after service of a copy of the petition, within which the company complained of must answer the petition, and the court may grant a temporary restraining order and preliminary injunction in accordance with the laws of the State and rules in the case made and provided. In case of default in answer, or after answer, the court shall immediately inquire into the facts and circumstances in the manner as the court directs without other or formal pleadings and without respect to any technical requirement. Any other persons as it shall seem to the court necessary or proper to join as parties in order to make its order, judgment, or writs effective may be joined as parties upon application of counsel to the Agency. The final judgment in any injunction action or proceedings shall either dismiss the action or proceeding or direct that an injunction be issued as asked for in the petition or in a modified form as the court may determine will afford appropriate relief. (Added 1985, No. 222 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 3 - Proceedings by the Board; Judicial Review › § 43. Judicial review

§ 43. Judicial review
A party to a cause who feels aggrieved by the final order, judgment, or decree of the Board may seek judicial review pursuant to 19 V.S.A. § 5(c). However, the Board, before final judgment, may permit an interlocutory appeal to be taken by any party pursuant to 19 V.S.A. § 5(c) for determination of questions of law in the same manner as the Supreme Court may by rule provide for appeals before final judgment from a Superior Court. Notwithstanding the provisions of the Vermont Rules of Civil Procedure or the Vermont Rules of Appellate Procedure, neither the time for filing a notice of appeal nor the filing of a notice of appeal, as provided in this section, shall operate as a stay of enforcement of an order of the Board unless the Board or the Supreme Court grants a stay under the provisions of section 44 of this chapter. (Added 1985, No. 222 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 56; 2021, No. 184 (Adj. Sess.), § 29, eff. July 1, 2022.)
2023 Vermont Statutes › Title 5 - Aeronautics and Surface Transportation › Chapter 3 - Proceedings by the Board; Judicial Review › § 44. Powers of the Supreme Court

§ 44. Powers of the Supreme Court
Upon appeal to the Supreme Court, the Court may reverse or affirm the judgments, orders, or decrees of the Transportation Board and may remand a cause to it with mandates, as law or equity shall require; and the Board shall enter its judgment, order, or decree in accordance with these mandates. Appeals to the Supreme Court shall not have the effect of vacating any judgment, order, or decree of the Board, but the Supreme Court, upon notice to interested parties, may suspend execution of a Board judgment under a decree as justice and equity require unless otherwise specifically provided by law. (Added 1985, No. 222 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 2; 2021, No. 184 (Adj. Sess.), § 29, eff. July 1, 2022.)