Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 010 - TRANSPORTATION BOARD › Chapter 002 - GENERAL RULES APPLICABLE TO ALL PROCEEDINGS BEFORE THE BOARD › Section 14 010 002 - GENERAL RULES APPLICABLE TO ALL PROCEEDINGS BEFORE THE BOARD

Current through June, 2024
Part
			 1 GENERAL RULES APPLICABLE TO ALL PROCEEDINGS BEFORE THE BOARD
Section 1.0 Description of Transportation
			 Board Organization
The Transportation Board, hereafter called "Board", exercises
				functions of a policy making, regulatory and quasi-judicial nature related to
				transportation under Title 19, Title 5, and Chapter 5 and 31-49 of Title 30,
				all of which relate to highway, air, rail and water transportation in Vermont.
				The Board has seven members appointed by the Governor with the advice and
				consent of the Senate. The Chairman of the Board is designated by the Governor.
				The Board's policies are executed by the Agency of Transportation. General
				charge of the Board's Office and affairs is vested in its Executive Secretary,
				from whom the public may obtain information, or to whom the public may make
				submissions or requests. The Executive Secretary's address is 133 State Street,
				Montpelier, Vermont, and the telephone number is 802-828-2669. Office hours are
				7:45 a.m. to 4:30 p.m. Monday through Friday, except legal holidays.
Section 1.1 Incorporation of
			 Vermont Rules of Civil Procedure
The Vermont Transportation Board (hereinafter referred to as
				the "Board") hereby adopts so much of the following Vermont Rules of Civil
				Procedure to govern its proceedings in contested cases as they are not
				inconsistent with the laws of the State of Vermont or other specific rule of
				this Board in accordance therewith substituting the Board where reference is
				made to "court(s)" or to "judge(s)":
Rule
			 5 - Service & Filing of Pleadings
Rule 26 - General Provisions governing
			 discovery
Rule 28 - Persons before
			 whom depositions may be taken
Rule
			 29 - Stipulations regarding discovery procedure
Rule 30 - Depositions upon oral
			 examination
Rule 31 - Depositions
			 upon written examination
Rule 32 -
			 Use of depositions in court proceedings
Rule
			 33 - Interrogatories to parties
Rule 34 - Production of documents and things
			 and entry upon land for inspection and other purposes
Rule 36 - Requests for admission
Rule 37 - Failure to make discovery:
			 sanctions
Rule 42 - Consolidation;
			 separate trials
Rule 43 -
			 Evidence
Rule 44 - Proof of
			 official record
Rule 44.
			 1-Determination of foreign law
Rule
			 45 - Subpoena
Rule 46
			 - Exceptions unnecessary
Rule b 52(b) Findings by the court - amendment
Rule 59 - New trial; amendment of
			 judgments
Rule 60 - Relief from
			 judgment or order
Rule 61 -
			 Harmless error
Section
			 1.2 Pleadings; where filed and number
All papers including the original process and any other papers
				requesting relief or action from the Board shall be filed with the Clerk of the
				Board and shall include the original and three copies.
Section 1.3 Intervention
A person desiring to intervene in any proceedings shall file
				with the Board and serve on all parties a verified written application setting
				forth the facts upon which such person claims an interest in the proceeding.
				Applications must be filed with the Board with proof of service at least two
				days before the hearing. Failure to serve or file such application shall be
				deemed sufficient cause for the denial unless good and sufficient reason exists
				why is was not served or filed.
Section
			 1.4 Subpoenas, Application for
An attorney representing a party, may issue subpoenas for board
				proceedings in contested cases by following the procedures of VRCP 45. A party
				may apply to the Board for the issuance of subpoenas or subpoenas duces tecum.
				Such application shall be timely. It shall specify the name of the witness or
				the documents or things the production of which is desired, with such
				particularity as will enable such documents to be identified for purposes of
				production, the return date desired, and the general nature of the facts to be
				proved by the witness or the documents or things sought to be produced. Such
				application shall be filed with the Board and shall be served on all other
				parties. The Board may grant or deny such application in whole or in part and
				may make such subpoena returnable at any time. The Board may issue subpoenas at
				any time requiring persons, parties or witnesses to attend and be examined or
				give testimony, and to produce any document or thing that relates to any matter
				under investigation or any question before the Board.
Section 1.5 Officer and Witness fees
Officers who serve subpoenas issued by the Board and witnesses
				attending hearings shall receive fees and compensation at the same rates as
				officers and witnesses in causes before a district court. Such fees and
				compensation are to be paid to persons entitled by the party requesting the
				subpoena.
Section 1.6
			 Prehearing Conference
Upon order of the Board setting a pre-hearing conference, upon
				its own initiative or the motion of a party, the Board or Board's agent shall
				hold a pre-hearing conference for the purpose of clarifying issues and
				stipulating to facts and applicable law. At the pre-hearing conference, the
				Board's agent will, unless otherwise directed by the Board, have the authority
				to make binding orders.
Section
			 1.7 Exhibits, Evidence, Prefiled testimony
Any party intending to submit documentary exhibits in contested
				cases, shall provide the opposing party with a copy of the proposed exhibit and
				file the original with the Board not less than five days before the hearing.
				The filing of documentary exhibits shall not constitute acceptance into
				evidence by the Board or any admission by the other party of relevance,
				accuracy or materiality and the opposing party may object to their admission
				into evidence when offered. Documentary evidence which has not been pre-filed
				as required herein shall not be admitted into evidence by the Board except upon
				good cause shown. Impeachment exhibits need not be pre-filed. The Board may
				require pre-filed testimony at its discretion.
Section 1.8 Board's Report
After the close of a hearing in a contested case, the Board
				shall prepare its decision which shall contain, but not be limited to:
(a) Findings of Fact;
(b) Opinion; and
(c) Order.
Section 1.9 Appeals, Completion of Record
The transcript of a hearing shall be ordered within the time
				provided in V.R.A.P. 10. One-half the estimated cost of the transcript shall be
				as determined by the Board. That sum shall be forwarded with Appellant's order
				for the transcript.
Section
			 1.21 Separability
If any provision of these rules shall be held invalid by a
				decision of the Vermont Supreme Court or made invalid by a statutory change,
				such decision or statutory change shall not affect the validity of the
				remainder of these rules.
DESIGN HEARINGS -- NECESSITY PETITIONS AND COMPENSATION
				HEARINGS
1. The time and place of
			 design hearings will be entered on the agenda for regular meetings of the
			 Board.
2. The proposed design for
			 the project will be available for review by the Board at a Board meeting and
			 the Board will be supplied with a brief description of the project.
3. One or more members of the Board will be
			 designated to attend the hearings.
4. Following the hearing, the Board
			 representatives will report in writing to the Board and the Agency.
5. Following Agency review of the project,
			 the Board will be advised of the results of the Agency review.
6. Approval of the project will be noted by
			 the adoption of a formal motion. In the event the project is not approved, the
			 project shall be tabled pending action by the Board and/or Agency.
7. Following approval of the project by the
			 Board, the Agency will prepare a necessity petition for signature by the
			 Chairman or Executive Secretary.
8.
			 Upon receipt of the judgement order, time and place for the compensation
			 hearing shall be established by the Agency with Board approval and the notice
			 of the compensation hearing will be prepared by the Agency and signed by the
			 Chairman or Executive Secretary.
9.
			 Following the compensation hearing, the Executive Secretary will supply the
			 Agency with a list of the recommanded awards, identification of Attorneys in
			 attendance and comments.
10.
			 Within 45 days after the compensation hearing the Board will execute it's
			 condemnation, under which will be filed and recorded is required by
			 law.