reglab/statecodes huggingface dataset:
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 050 - MOTOR VEHICLES DEPARTMENT › Chapter 041 - NON-COMMERCIAL OPERATORS LICENSE › Section 14 050 041 - NON-COMMERCIAL OPERATORS LICENSE

Current through June, 2024
AGENCY OF TRANSPORTATION
DEPARTMENT OF MOTOR VEHICLES
TITLE: non-COMMERCIAL OPERATORS LICENSE
"Effective April 1, 1992, a Class 1 operator's license shall be
				equivalent to a Class D license as defined in
				23 V.S.A. Section
				4111(b) (1)
				(D)."
Statutory Authority:
				23 V.S.A. §
											4111
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 050 - MOTOR VEHICLES DEPARTMENT › Chapter 042 - DRIVER LICENSE SUSPENSION › Section 14 050 042 - DRIVER LICENSE SUSPENSION

Current through June, 2024
DRIVER LICENSE SUSPENSION
For the purpose of suspensions issued pursuant to
				23 V.S.A. §
										671(a), the term "Improper
				Person" includes, but is not limited to, a person whose license or privilege to
				operate a motor vehicle is suspended or revoked in another
				jurisdiction.
Statutory Authority:
				23 V.S.A. §
											671
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 050 - MOTOR VEHICLES DEPARTMENT › Chapter 043 - ORGANIZATION OF DEPARTMENT OF MOTOR VEHICLES › Section 14 050 043 - ORGANIZATION OF DEPARTMENT OF MOTOR VEHICLES

Current through June, 2024
Rule No.1
			 Organization of Department of Motor Vehicles
(a) Administration.
Overall administration by Department of Motor Vehicles is by
				Commissioner and Deputy Commissioner who report to the Secretary of
				Transportation. The Commissioner oversees Title 23 of the Vermont Statutes
				Annotated and portions of Titles 3, 5, 9, 10, 12, 13, 14, 16, 18 19, 20, 24,
				29, 30, 31 and 32. The three divisions consist of:
Motor Vehicle [Law Administration] Hearing Division
[Supervises the function of:
-legal matters and court cases involving the Department
-reciprocity between states and provinces
-major convictions and suspensions
-interpretation of statute and regulation
-hearing functions
-Administrative Procedures.]
[Customer Service Division] Support Services Division
[Supervises the function of:
-registration
-titling of motor vehicles
-Purchase and Use Tax
-operator license and suspension function
-dissemination of public records
-financial responsibility insurance
-quality control
-data entry
-document entry
-operation planning
-departmental operating procedures.]
[Field Services Division] Operations Division
[Supervision of the pupil transportation, inspector and
				examiner functions which include the following activities:
-pupil transportation
-periodic motor vehicle inspection
-registration and supervision of dealers and
				transporters
-drivers' examinations
-highway use tax
-vehicle permits
-safety equipment
-light approvals
-investigations
-enforcement of motor vehicle statutes
-public service at examination stations
-technical assistance
-coordination of law enforcement activities of the Agency
				of
Transportation]
(b) Location and Assistance to the Public.
(1) The main office: The motor vehicle
			 department main office is located at 120 State Street in Montpelier, directly
			 across from the State House and Supreme Court building. The telephone number is
			 828-[2121] 2000. The hours of work are 7:45 to 4:30 p.m., Monday through
			 Friday.
(2) Other offices: For the
			 location and times of operation of other department offices contact the
			 department in Montpelier. The telephone number is 828-[2121] 2000.
(c) Forms Procedural.
The department has certain approved forms and instructions
				which are available upon request and must be used where applicable.
(d) Manuals.
The various manuals listed below are used by the department and
				are available to the public upon request:
(1) Periodic Motor Vehicle Inspection
			 Manual
(2) Motorcycle-Moped
			 Inspection Manual
(3) School Bus
			 Inspection Manual
(4) Vermont
			 Driver's Manual
(5) Vermont School
			 Bus Driver's Manual
(6) Vehicle
			 Permit Guide
(7) Vermont Motor
			 Vehicle Title Program.
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 050 - MOTOR VEHICLES DEPARTMENT › Chapter 045 - LIST OF PARTIES AUTHORIZED TO HAVE ACCESS TO SOCIAL SECURITY NUMBERS FROM DMV RECORDS › Section 14 050 045 - LIST OF PARTIES AUTHORIZED TO HAVE ACCESS TO SOCIAL SECURITY NUMBERS FROM DMV RECORDS

Current through June, 2024
1. Vermont
			 Department of Motor Vehicles
2.
			 Vermont Office of Child Support
3.
			 Vermont Dept. of Taxes
4. Federal
			 Government Agencies such as the Federal Highway Administration (FHWA), National
			 Highway Traffic Safety Administration (NHTSA) and the Internal Revenue
			 Service
5. National computer system
			 networks, such as the National Driver Register (NDR), Problem Driver Pointer
			 System (PDPS), Commercial Driver License Information System (CDLIS), Fatal
			 Accident Reporting System (FARS), American Association of Motor Vehicle
			 Administrator's Technology Network (AAMVAnet) and SAFETYnet (the information
			 system for the Motor Carrier Safety Assistance Program).
6. Other Jurisdictions' licensing
			 authorities
7. Law Enforcement
			 Agencies for investigation purposes
8. State and Federal Court Systems
Statutory Authority: 3 V.S.A. Chapter
				25
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 050 - MOTOR VEHICLES DEPARTMENT › Chapter 046 - CHILD SUPPORT SUSPENSIONS › Section 14 050 046 - CHILD SUPPORT SUSPENSIONS

Current through June, 2024
Suspension of licenses: Enforcement of Child Support Orders.
				15
				V.S.A. §
										798
For the purposes of child support suspensions, the term
				"license" shall include a person's operator license, junior operator license,
				learner permit, privilege to operate, or right to apply for an operator or
				junior operator license or learner permit.
Suspension notices shall be sent to the person's last known
				address as contained in the files of the Motor Vehicle Department and, if
				applicable, to any different address contained on the court order.
In addition, copies of the suspension notice shall be mailed to
				the Motor Vehicle Department of another state or states, if the records of the
				Vermont Department of Motor Vehicles and/or the court order indicates that
				(s)he has an address or addresses in another state or states.
Child support suspensions shall become effective 15 days after
				the date the notice of suspension is mailed.
All notices of compliance with a child support order shall be
				upon a standard compliance form, as devised and approved by the court, OCS, and
				this Department.
If the motion for the court order was brought by OCS (Office of
				Child Support), then notice of compliance shall only be accepted from OCS or
				the court-If the motion for the court order was brought by the custodial
				parent, then notice of compliance shall only be accepted from the custodial
				parent, custodial parent's attorney, or the court.
If the notice of compliance was dated before the effective date
				of the suspension, the suspension shall be canceled and removed from the
				person's record, and any reinstatement fee refunded.
Notices of reinstatement shall be issued no later than five (5)
				business days from the date the department is notified of compliance.
If the person suspended requests an administrative hearing on
				the suspension with this
Department, the decision upholds the suspension, and the person
				then appeals the decision of the hearing to superior court, the Hearing
				Division of this Department shall inform OCS or the court of such
				appeal.
Departmental personnel shall direct all inquiries from persons
				seeking reinstatement to the court or the Office of Child Support (if OCS was
				the entity which brought the motion for suspension before the
				court).
Statutory Authority:
				15
				V.S.A. §
											798
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 050 - MOTOR VEHICLES DEPARTMENT › Chapter 047 - SUSPENSION FOR FAILURE TO PAY PENALTY; MINOR'S POSSESSION OF TOBACCO PRODUCTS › Section 14 050 047 - SUSPENSION FOR FAILURE TO PAY PENALTY; MINOR'S POSSESSION OF TOBACCO PRODUCTS

Current through June, 2024
Suspension of License/Delay of Licensing; Failure to pay
				Penalty for Minor's Possession of Tobacco Products, pursuant to
				7
				V.S.A. §
										1005.
As authorized by Act #58, 1997 Session, effective 7/1/97, the
				following criteria has been developed for suspensions issued by this Department
				upon notification by the Vermont Traffic and Municipal Bureau that a person
				under the age of eighteen has failed to pay a penalty for possession of tobacco
				products.
For a first offense the learner permit or license shall be
				suspended until compliance is received from the Bureau.
For a first offense by a person under age 15, initial licensing
				of that person shall be delayed until compliance is received from the
				Bureau.
For a first offense by a person 15 years of age and older,
				where no learner permit or license has been issued, initial licensing shall be
				delayed until compliance is received from the Bureau.
For a second or subsequent offense the learner permit or
				license shall be suspended for 90 days and until compliance is received from
				the Bureau.
For a second or subsequent offense by a person under age 15,
				initial licensing of that person shall be delayed for one year and until
				compliance is received from the Bureau. This action shall become effective with
				15 days notice or upon the person's 15 birthday, whichever affords greater lead
				time.
For a second or subsequent offense by a person 15 years of age
				and older, where no learner permit or license has been issued, initial
				licensing shall be delayed for one year and until compliance is received from
				the Bureau.
Unless otherwise specified, the suspensions will become
				effective with 15 days notice.
Statutory Authority:
				7
				V.S.A. §
											1005(a)
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 050 - MOTOR VEHICLES DEPARTMENT › Chapter 049 - RULES GOVERNING APPEALS OF ADMINISTRATIVE PENALTIES IMPOSED ON LICENSED INSPECTION STATIONS/MECHANICS › Section 14 050 049 - RULES GOVERNING APPEALS OF ADMINISTRATIVE PENALTIES IMPOSED ON LICENSED INSPECTION STATIONS/MECHANICS

Current through June, 2024
1. Persons wishing
			 to contest the imposition of an Administrative penalty must make a written
			 request for a hearing postmarked within 15 days of the DMV administrative order
			 imposing the penalty.
2. Hearings
			 will be conducted via telephone unless a personal appearance hearing is
			 specifically requested, in either case the hearing will be conducted from
			 Montpelier. Legal Counsel and/or a named individual, requested by the
			 Petitioner to assist them at hearing, may appear in Montpelier even though the
			 hearing is telephone hearing.
3.
			 Notification of the date and time of the hearing and other pertinent
			 information will be forwarded to the address given by the individual by first
			 class mail with a copy to the attorney and/or named individual, if
			 applicable.
4. The Petitioner may
			 represent him/herself or may be represented by legal counsel, and may have
			 witnesses present.
5. Failure of
			 the Petitioner to furnish a telephone number or to be available for the
			 hearing, or failure to appear if a personal appearance hearing has been
			 scheduled, will constitute a default of the hearing. Such default will become
			 effective one half hour after the scheduled starting time of the
			 hearing.
6. The purpose of the
			 hearing will be to allow the Petitioner to show cause why the administrative
			 penalty is not proper and should not have been imposed.
7. In order to provide persons an opportunity
			 to be heard without delay, at reasonable expense to them and the state, and
			 consistent with due process considerations, the hearing will be conducted
			 informally. Subpoenas shall be available upon request. All witnesses shall be
			 placed under oath.
8. The hearing
			 examiner may consider such evidence as is offered and the testimony of the
			 Petitioner/witnesses.
9. Any
			 request for postponement must be submitted in writing stating the reasons
			 therefor. If the postponement is deemed warranted by the hearing examiner, it
			 will be granted, however the new hearing must be scheduled within 30 days of
			 the postponed hearing date.
10. A
			 record of the proceedings shall be made and preserved in such a manner that it
			 can be transcribed or duplicated if requested.
11. The fees of witnesses summoned or used by
			 the Petitioner shall be paid by the Petitioner.
12. Permission for continuances will be at
			 the discretion of the hearing examiner.
13. The Petitioner will be mailed a written
			 notice of the decision of the hearing examiner within 20 days of the hearing
			 closing date.
14. The hearing
			 examiner's findings may be reviewed under Rule 74 of the Vermont Rules of Civil
			 Procedure.
Statutory Authority:
				23 V.S.A. §
											1229
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 050 - MOTOR VEHICLES DEPARTMENT › Chapter 052 - DMV RULE NO. 53 - EMISSION SMOKE INSPECTION OF DIESEL-POWERED COMMERCIAL MOTOR VEHICLES › Section 14 050 052 - DMV RULE NO. 53 - EMISSION SMOKE INSPECTION OF DIESEL-POWERED COMMERCIAL MOTOR VEHICLES

Current through June, 2024
Section 1
			 Definitions
Any test administered under this section and any notice of
				violation issued shall be done by a sworn law enforcement officer trained and
				certified by the department of motor vehicles. For purposes of this
				section:
(a) "Commercial motor
			 vehicle" is defined under subdivision 4103(4) of this title.
(b) "Law enforcement officer" means an
			 officer of the department of motor vehicles trained and certified by the
			 department of motor vehicles to conduct exhaust-smoke emission
			 inspections.
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 050 - MOTOR VEHICLES DEPARTMENT › Chapter 054 - APPEALS OF ADMINISTRATIVE PENALTIES IMPOSED ON LICENSED VERMONT MOTOR VEHICLE DEALERS › Section 14 050 054 - APPEALS OF ADMINISTRATIVE PENALTIES IMPOSED ON LICENSED VERMONT MOTOR VEHICLE DEALERS

Current through June, 2024
1. Persons wishing to contest the imposition
			 of an administrative penalty must make a written request for a hearing
			 postmarked within 15 days of the DMV administrative order imposing the
			 penalty.
2. Hearings will be
			 conducted via telephone unless a personal appearance hearing is specifically
			 requested, in either case the hearing will be conducted from
			 Montpelier.
3. Notification of the
			 date and time of the hearing and other pertinent information will be forwarded
			 to the address given by the individual by first class mail with a copy to the
			 attorney, if applicable.
4. The
			 Petitioner may represent themselves or may be represented by legal counsel and
			 may have witnesses present.
5.
			 Failure of the Petitioner to furnish a telephone number or to be available for
			 the hearing, or failure to appear if a personal appearance hearing has been
			 scheduled, will constitute default of the hearing. Such default will become
			 effective one-half hour after the scheduled starting time of the
			 hearing.
6. The purpose of the
			 hearing will be to allow the Petitioner to show cause why the administrative
			 penalty is not proper and should not have been imposed.
7. The hearing will be conducted with a
			 minimum of procedural requirements, so as to provide persons an opportunity to
			 be heard without delay and at reasonable expense to them and to the state.
			 Witnesses will be subpoenaed only when deemed necessary by the Hearings Chief.
			 All witnesses shall be placed under oath.
8. The hearing examiner may consider such
			 evidence as is offered and the testimony of the Petitioner/witnesses.
9. Any request for postponement must be
			 submitted in writing stating the reasons therefor. If the postponement is
			 deemed warranted by the hearing examiner, it will be granted, however the new
			 hearing must be scheduled within 30 days of the postponed hearing date.
10. A record of the proceedings
			 shall be made and preserved in such a manner that it can be transcribed or
			 duplicated if requested.
11.
			 Neither the DMV nor the state will be responsible for payment of any expense
			 incurred by the Petitioner pertaining to the hearing. The fees of witnesses
			 summoned or used by the Petitioner shall be paid by the Petitioner.
12. Permission for continuances will be at
			 the discretion of the hearing examiner.
13. The Petitioner will be mailed a written
			 notice of the decision of the hearing examiner within 20 days of the hearing
			 closing date.
14. The hearing
			 examiner's findings may be reviewed under Rule 74 of the Vermont Rules of Civil
			 Procedure.
STATUTORY AUTHORITY:
				  23 V.S.A. §§
												106,
				  497
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 053 - TRAFFIC COMMITTEE › Chapter 001 - RULES RELATING TO THE CLOSURE OF STATE HIGHWAYS › Section 14 053 001 - RULES RELATING TO THE CLOSURE OF STATE HIGHWAYS

Current through June, 2024
1.
			 When the Traffic Committee finds that the health, safety, or welfare of the
			 public requires that certain portions of the state highway system be closed to
			 public travel during periods of winter weather, the Committee, at the
			 recommendation of the District Highway Engineer of the Vermont Department of
			 Highways within whose District the highway in question is located, may open and
			 close said highways following the same procedures as set forth in
			 3 VSA §
										803.
2. The Traffic Committee hereby delegates the
			 authority to close portions of the state highways for emergency reasons to the
			 District Highway Engineers of the Vermont Department of Highways and the Troop
			 Commanders of the Vermont State Police. In the event that a closure occurs, the
			 individual authorizing such closure shall, within 24 hours, make a written
			 report to the Traffic Committee setting forth the events and/or circumstances
			 requiring the closing.
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 053 - TRAFFIC COMMITTEE › Chapter 002 - RULES REGARDING MUNICIPAL HEAVY EQUIPMENT LOAN FUND › Section 14 053 002 - RULES REGARDING MUNICIPAL HEAVY EQUIPMENT LOAN FUND

Current through June, 2024
Section
			 I DEFINITIONS
For the purposes of these rules.
A. "Committee" shall mean the State Treasurer
			 and the Traffic Committee as established by
			 23 V.S.A. §
											1003;
B. "Equipment" shall have the same meaning as
			 motorized highway building equipment, road making appliances, motor trucks, or
			 motor vehicles as set forth in
			 23 V.S.A. §
											4.
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 053 - TRAFFIC COMMITTEE › Chapter 003 - RULES FOR ESTABLISHING TEMPORARY SPEED LIMITS › Section 14 053 003 - RULES FOR ESTABLISHING TEMPORARY SPEED LIMITS

Current through June, 2024
1.
			 The Traffic Committee hereby delegates to the Secretary of Transportation
			 (Secretary) the authority to establish temporary speed limits on state highways
			 that are being reconstructed or maintained.
2. The Secretary may further delegate this
			 authority to other employees of the Agency.
3. Temporary speed limits shall be
			 established pursuant to the standards set forth in "A Guide To Establishing
			 Temporary Speed Limits in Highway Construction and Maintenance Work Zones"
			 dated August 20, 1992 or its latest edition.
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 054 - TRAVEL INFORMATION COUNCIL › Chapter 001 - RULE NO. 1: DESCRIPTION OF ORGANIZATION › Section 14 054 001 - RULE NO. 1: DESCRIPTION OF ORGANIZATION

Current through June, 2024
These rules are promulgated and adopted pursuant to 3 V.S.A.
				Chapter 25 and 10 V.S.A. Chapter 21.
Definitions. The definitions set forth in
				3 V.S.A. Section
				801 and
				10
				V.S.A. Section 481 are hereby adopted and made applicable to these
				rules.
Rule No.1 DESCRIPTION OF
			 ORGANIZATION
a. The Travel Information Council
			 has been established by the Legislature of Vermont in 10 V.S.A. Chapter 21. It
			 is the function of the Council to provide information about and help guide
			 travelers to public accommodations and services of the businesses and points of
			 scenic, historic, cultural, educational and religious interests.
In order to provide the above services, the Council has the
				statutory authority and responsibility to establish official information plazas
				and official business directional signs. The Council shall also prohibit the
				indiscriminate use of all other outdoor advertising by enforcing 10 V.S.A.
				Chapter 21.
b. Any
			 individual may contact the Maintenance Division Sign Control Section, Agency of
			 Transportation to obtain information or make submission of informal requests
			 regarding 10 V.S.A. Chapter 21.
c.
			 The Travel Information Council shall meet at least quarterly for its regular
			 meetings. All such meetings are open to the public.
d. Pursuant to
			 10 V.S.A.
			 Section 484(d), the Council
			 has established committees to represent the Council on a district level.
			 Information pertaining to the district committees is available at the Sign
			 Control Section, Maintenance Division, Agency of Transportation.
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 054 - TRAVEL INFORMATION COUNCIL › Chapter 002 - RULE NO. 2: FORMAL AND INFORMAL PROCEEDINGS › Section 14 054 002 - RULE NO. 2: FORMAL AND INFORMAL PROCEEDINGS

Current through June, 2024
The following types of proceedings will be treated as formal
				proceedings:
a. Proceedings wherein
			 the determination of the Council is required to be made after an opportunity
			 for a hearing.
b. Rule making
			 proceedings initiated by the Council in accordance with 3 V.S.A. Section
			 836-848.
All other petitions, applications, submissions, requests, etc.
				will be treated as informal proceedings.
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 054 - TRAVEL INFORMATION COUNCIL › Chapter 003 - RULE NO. 3: APPEARANCES AND FORMAL PROCEEDINGS › Section 14 054 003 - RULE NO. 3: APPEARANCES AND FORMAL PROCEEDINGS

Current through June, 2024
a. A
			 party to a formal proceeding before the Council may appear in person or may be
			 represented by an attorney admitted to practice in the State of Vermont or a
			 person given power of attorney.
b.
			 Upon filing of a petition initiating a formal proceeding before the Council,
			 the name of the attorney or person who has signed such petition shall be
			 entered on the docket of the Council by the clerk. Except for appearances
			 entered during a hearing, all other appearances and formal proceedings by
			 attorneys, persons with power of attorney, or persons appearing for themselves
			 shall be by notice in writing filed with the clerk of the council to serve
			 pursuant to Rule 3 herein.
c. All
			 notices given to or by a representative of record for a party in a formal
			 proceeding shall be considered in all respects as notice to and from the party
			 represented by such a representative.
d. When a representative has entered an
			 appearance for a party in a formal proceeding, the appearance shall stand until
			 the representative has been granted leave to withdraw by order of the Council.
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 054 - TRAVEL INFORMATION COUNCIL › Chapter 004 - RULE NO. 4: FILING OF DOCUMENTS AND FORMAL PROCEEDINGS › Section 14 054 004 - RULE NO. 4: FILING OF DOCUMENTS AND FORMAL PROCEEDINGS

Current through June, 2024
a. A petition initiating a formal proceeding
			 before the Council shall be signed by the petitioner or complainant or an
			 officer thereof and shall be filed with the clerk. A petition should fully and
			 completely advise the Council as to the order or rule sought and the statutory
			 authority and reasons therfor [therefore].
b. Filing with the Council shall be deemed to
			 occur when a document or paper is received by the clerk of the Council except
			 that filing shall be deemed to occur upon receipt by the Council when a
			 document is submitted to the Council during a hearing.
c. A petition for leave to intervene as a
			 party must set forth the grounds of the proposed intervention, the position and
			 interest of the petitioner in the proceedings, and whether petitioner's
			 position is in support or opposition to the order sought.
d. In its discretion, the Council may treat
			 any written communication to it concerning a matter within its jurisdiction as
			 a pleading initiating a formal proceeding.
e. Unless otherwise directed by the Council,
			 legal memoranda and proposed findings of fact and conclusions of law, if any,
			 shall be filed within 21 days after hearing.
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 054 - TRAVEL INFORMATION COUNCIL › Chapter 005 - RULE NO. 5: HEARINGS › Section 14 054 005 - RULE NO. 5: HEARINGS

Current through June, 2024
a. Oral hearings
			 shall be held in every formal proceeding.
b. Upon the filing of a petition initiating a
			 formal proceeding, or upon initiation of such a proceeding by the Council on
			 its own motion, the Council shall by order or otherwise assign a time and place
			 for the hearing thereof and the clerk shall cause notice of the hearing and
			 shall arrange for publication thereof. The form of notice shall conform to
			 3 V.S.A. Section
			 809(b).
c. The testimony of a hearing witness may be
			 offered in written form, either by having it read into the record or by
			 offering it for incorporation into the record without reading, provided that a
			 copy of such testimony shall be supplied to council for the Council's use, and
			 other copies be supplied the Council for the use of other interested parties,
			 at a reasonable time in advance of the hearing at which such testimony will be
			 offered.
d. Oral proceedings or any
			 part thereof shall be transcribed at the request of any party at least one day
			 prior to the hearing and upon payment by the requesting party of the reasonable
			 cost thereof.
e. Every party and
			 counsel representing the Council, if any, shall have the right to participate
			 fully in any hearing before the Council and, in the case of rule making
			 proceedings, all interested persons shall also be permitted to participate in
			 accordance with the terms of the notice of the proceeding.
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 054 - TRAVEL INFORMATION COUNCIL › Chapter 006 - RULE NO. 6: DECISIONS, RULINGS, ADOPTION OF RULES › Section 14 054 006 - RULE NO. 6: DECISIONS, RULINGS, ADOPTION OF RULES

Current through June, 2024
a.
			 Except in unusual circumstances, the Council shall, no later than 60 days after
			 a rule making hearing or contested case, make known its decision or
			 ruling.
b. Upon adoption of a rule,
			 the Council, if requested to do so in writing by an interested person either
			 prior to adoption or within 30 days thereafter, shall issue a concise statement
			 of the principal reasons for and against the adoption, incorporating therein
			 its reasons for overruling the considerations urged against its
			 adoption.
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 054 - TRAVEL INFORMATION COUNCIL › Chapter 007 - RULE NO. 7: LICENSING: INFORMAL PROCEEDINGS › Section 14 054 007 - RULE NO. 7: LICENSING: INFORMAL PROCEEDINGS

Current through June, 2024
a. Any
			 individual wishing to apply for a license pursuant to 10 V.S.A. Chapter 21
			 shall file a completed application with the Sign Control Section in the
			 Maintenance Division of the Agency of Transportation.
b. The Sign Control Section, within the
			 Agency of Transportation Maintenance Division, shall give due consideration to
			 each application in the order presented and may require any applicant to submit
			 supplementary data for use by the Council or District Committee in determining
			 whether or not to issue a license.
c. The Sign Control Section shall forward the
			 application to the appropriate district committee for same committee's approval
			 or disapproval, including a determination that the requested location satisfies
			 the requirements of the Traffic Safety Regulations adopted pursuant to Title
			 10 V.S.A. Section
			 490.
d. The district committee shall, within 20
			 days, forward to the Sign Control Section its approval or disapproval of said
			 application. Failure by the district committee to rule upon the application and
			 to notify the Sign Control Section of such decision within 30 days may be
			 considered approval by the district committee
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 054 - TRAVEL INFORMATION COUNCIL › Chapter 008 - RULE NO. 8: FORMS › Section 14 054 008 - RULE NO. 8: FORMS

Current through June, 2024
The Council has certain forms and instructions which are
				available upon request from the Travel Information Council, Sign Control
				Section, Maintenance Division, Agency of Transportation, Montpelier, VT 05602,
				and must be used where applicable.
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 054 - TRAVEL INFORMATION COUNCIL › Chapter 009 - RULE NO. 9: GENERAL STANDARDS REQUIRED FOR APPROVAL OF ALL OFFICIAL BUSINESS DIRECTIONAL SIGNS ERECTED BY THE TRAVEL INFORMATION COUNCIL › Section 14 054 009 - RULE NO. 9: GENERAL STANDARDS REQUIRED FOR APPROVAL OF ALL OFFICIAL BUSINESS DIRECTIONAL SIGNS ERECTED BY THE TRAVEL INFORMATION COUNCIL

Current through June, 2024
a. An application for the erection of either
			 an official business directional sign or an information plaza plaque shall not
			 be approved if the applicant is in violation of any federal or state law
			 affecting outdoor advertising in the State of Vermont, as stated in
			 10
			 V.S.A. Section 489.
b. The Council shall require removal of all
			 official business directional signs and information plaza plaques of persons
			 who are maintaining signs which are in violation of the laws referred to in
			 subsection (a) of this rule.
c.
			 This rule shall not affect the Council's right to seek equitable relief to
			 order the removal of a sign which is illegally erected or maintained or to seek
			 an injunction against the erection or maintenance of any illegal
			 signs.
d. For the purposes of this
			 rule, any sign which violates the Highway Beautification Act of 1965, as
			 amended, or any sign which is in violation of Vermont laws, whether it be
			 within the confines of the State of Vermont or not, shall be included in
			 subsections (a), (b) and (c) of this rule, provided that sign is within view of
			 the traveling public within the State of Vermont.
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 054 - TRAVEL INFORMATION COUNCIL › Chapter 010 - RULE NO. 10: STANDARDS FOR ACCEPTANCE OF APPLICATIONS FOR OFFICIAL BUSINESS DIRECTIONAL SIGNS › Section 14 054 010 - RULE NO. 10: STANDARDS FOR ACCEPTANCE OF APPLICATIONS FOR OFFICIAL BUSINESS DIRECTIONAL SIGNS

Current through June, 2024
Any lawful business operating within the State of Vermont
				engaged in selling gas, food or lodging, or other activity which is of
				reasonable interest to the traveling public may apply for official business
				directional signs.
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 054 - TRAVEL INFORMATION COUNCIL › Chapter 011 - RULE NO. 11: STANDARDS FOR ACCEPTANCE OF APPLICATIONS FOR INFORMATION PLAZA PLAQUES ON STATE-OWNED PLAZAS › Section 14 054 011 - RULE NO. 11: STANDARDS FOR ACCEPTANCE OF APPLICATIONS FOR INFORMATION PLAZA PLAQUES ON STATE-OWNED PLAZAS

Current through June, 2024
a. Lawful
			 businesses operating within the State of Vermont shall have a right to apply
			 for information plaza plaques erected by the Travel Information
			 Council.
b. Businesses located
			 within 20 miles of an information plaza shall have priority for space, provided
			 however, that if the available space on an information plaza is not rented for
			 the rental year than the Travel Information Council may approve applications
			 from businesses which are located farther than 20 miles from the information
			 plaza but within the State of Vermont.
c. If, at the end of the rental year, the
			 number of applications that are received by the Travel Information Council from
			 businesses located within a 20-mile radius cannot be accommodated without
			 removal of those beyond the 20-mile radius, then those businesses outside the
			 20-mile radius will not be granted a renewal for a subsequent rental
			 year.
d. A business which is
			 required to remove its information plaza plaque because of the distance
			 limitation shall not be required to pay the initial fee when said business's
			 plaque is replaced on another information plaza.
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 054 - TRAVEL INFORMATION COUNCIL › Chapter 013 - RULE NO. 13: ON-PREMISE SIGNS › Section 14 054 013 - RULE NO. 13: ON-PREMISE SIGNS

Current through June, 2024
a. Characteristics
			 of an on-premise sign:
1. A sign, display or
			 device will be considered to be an on-premise sign if it meets the following
			 requirements:
a. Premises - the sign must be
			 located on the same premises as the activity or property advertised.
b. Purpose - the sign mist have as its
			 purpose (1) the identification of the activity, or its products or services. or
			 (2) the sale or lease of the property on which the sign is located, rather than
			 the purpose of general advertising.
b. Premises Test:
For the purposes of these rules, the following criteria shall
				be used for determining whether a sign, display or device is located on the
				same premises as the activity or property advertised.
1. An on-premise sign shall not be located
			 more than fifteen hundred feet from the main entrance from that highway to the
			 activity or premises advertised. The fifteen hundred foot distance shall be
			 measured along the center line of the highway or highways between the sign and
			 the main entrance.
2. A main
			 entrance shall be a principal, private roadway or driveway which leads from a
			 public highway to the activity or premises advertised.
3. An on-premise sign advertising the sale or
			 lease of real estate by the owner or the owner's agent shall not have an area
			 of more than six square feet, including the panel and the frame.
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 054 - TRAVEL INFORMATION COUNCIL › Chapter 014 - RULE NO. 14: LOCATION OF OFFICIAL BUSINESS DIRECTIONAL SIGNS › Section 14 054 014 - RULE NO. 14: LOCATION OF OFFICIAL BUSINESS DIRECTIONAL SIGNS

Current through June, 2024
a. Except where a hardship to the traveling
			 public can be demonstrated by the applicant, the location of official business
			 directional signs, in addition to those restrictions contained in Title 10
			 V.S.A. Chapter 21, and the Traffic Safety Regulations adopted pursuant to
			 Section 490 thereof, shall be subject to the following conditions:
1. Official business directional signs shall
			 be located in the same town as the applicant/business, service or point of
			 interest to which the sign directs attention, unless one or more of the
			 following conditions are present:
(a) the
			 location of the sign must be in a town other than that of the
			 applicant/business in order to satisfy the Traffic Safety Regulations. In such
			 a case the sign shall be located as close to the business' turnoff as
			 possible;
(b)
(1) the business is located on a highway
			 which does not have a state-assigned route number, and
(2) the turnoff from the numbered route is in
			 another town, and
(3) this turnoff
			 is the business' only access point from the nearest highway with a
			 State-assigned route number;
(c) there is an absence of State destination
			 signs directing travelers to the town in which the business is located;
			 or
(d) the absence of an official
			 business directional sign creates a safety hazard for the traveling
			 public.
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 054 - TRAVEL INFORMATION COUNCIL › Chapter 015 - RULE NO. 15: DESCRIPTION OF OFFICIAL BUSINESS DIRECTIONAL SIGNS AND INFORMATION PLAZAS › Section 14 054 015 - RULE NO. 15: DESCRIPTION OF OFFICIAL BUSINESS DIRECTIONAL SIGNS AND INFORMATION PLAZAS

Current through June, 2024
a. Under the
			 provisions of Title
			 10 V.S.A. Section
			 490, the Council is empowered to regulate the
			 size, shape, color, lighting, manner of display and lettering of official
			 business directional signs and information plazas.
b. The Travel Information Council hereby
			 incorporates by reference the State of Vermont, Travel Information Council,
			 Standards Manual (dated January 18, 1989). The Manual may be inspected during
			 regular working hours at the Sign Control Section, Maintenance Division, Agency
			 of Transportation, montpelier, VT 05602. Individual copies of the Manual may be
			 purchased from the Sign Control Section at $ 5.00 each.
Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 055 - HAZARDOUS MATERIALS COMMITTEE › Chapter 001 - RULES FOR TRANSPORTATION OF HAZARDOUS MATERIALS › Section 14 055 001 - RULES FOR TRANSPORTATION OF HAZARDOUS MATERIALS

Current through June, 2024
Action 1 An existing rule entitled "Rules For Transportation of
				Hazardous Materials" is amended which consists of the regulations promulgated
				by the U.S. Department of Transportation contained in Parts 100-199, revised
				October 01, 1992; Parts 390-397 and 399 revised October 01, 1992 of the Code of
				Federal Regulations Title 49; and Parts 71 and 73 of Title 10 revised January
				01, 1992; and any amendments thereto, with the following modifications:
(a) All of the regulations adopted shall be
			 construed so that whenever Department of Transportation, Secretary of
			 Transportation and other Federal Agencies and Titles are referred to, they
			 shall be construed to mean and be in effect as State of Vermont Agency of
			 Transportation and the Secretary of Transportation serving as the
			 administrative head thereof.
(b)
			 Whenever the word Interstate appears in the text of Title 10 and Title 49 of
			 the Code of Federal Regulations, it shall be construed to mean both Interstate
			 and Intrastate motor carrier transportation.
(c) In those instances where the context
			 requires otherwise, appropriate interpretation shall be made; i.e. where there
			 is no comparable State Agency, such as Coast Guard, then such shall be the
			 Secretary of Transportation, or his/her designee. Subsidiary offices of the
			 Federal Department of Transportation shall be construed to be the Commercial
			 Vehicle Enforcement Unit of the Agency of Transportation, Department of Motor
			 Vehicles.
(d) The following
			 sections of 49 CFR Part 176, Carriage by Vessel, are omitted: 176. 15; 176.18;
			 176.415; 176.900; 176.901; 176.902; 176.903; 176.904; 176.905.
(e) 49 CFR, Part 391.11, Qualifications of
			 Drivers, is modified by deletion of (b)(1) and substituting the following.
(b) A person is qualified to drive a Motor
			 Vehicle if he/she:
1) is at least 18 years
			 old provided he/she has a valid Vermont license and is engaged in the
			 transportation of hazardous materials and/or other cargos in Intrastate
			 Commerce; or
2) Must be at least 21
			 years old if he/she is engaged in the transportation of hazardous materials
			 and/or other cargos in Interstate Commerce.
Code of Vermont Rules › Agency 20 - DEPARTMENT OF AGRICULTURE, FOOD AND MARKETS › Sub-Agency 010 - ADMINISTRATIVE DIVISION › Chapter 001 - ADMINISTRATION OF STIPEND FUNDS › Section 20 010 001 - ADMINISTRATION OF STIPEND FUNDS

Current through June, 2024
Section 1
			 Definitions
(1) "Agricultural Fair"
			 or "field days" means an exhibition held at least annually by an
			 agricultural fair association at which premiums are offered for
			 competitive exhibits in at least five competitive
			 categories.
(2)
			 "Agricultural Fair Association" means an organization or association
			 incorporated under state law and governed by an elected board or
			 directors that operate fairs and agricultural shows that are
			 representative of the mutual interests of those who are engaged in
			 the production, processing, marketing, and distribution of specific
			 farm and food products such as livestock, poultry, fruits,
			 vegetables, horticultural products, maple products, honey, Christmas
			 trees, and other commodities normally defined as agricultural
			 products.
(3)
			 "Competitive Exhibits" means exhibits entered in competition
			 demonstrating the improvement of grains, fruits, vegetables,
			 cultivated flowers, livestock, poultry, maple products, dairy
			 products or other agricultural crops or products. To be considered a
			 competitive exhibit there must be at least three entries in a
			 class.
(4) "General
			 Operation" means the goods and services required to operate a fair in
			 the ordinary course of business other than plant improvements and
			 which, in usual accounting practice, give rise to ordinary
			 expenses.
(5) "Plant
			 improvements" mean improvements of fixtures, machinery, apparatus,
			 equipment, display facilities, or housing required for each
			 fair.
Code of Vermont Rules › Agency 20 - DEPARTMENT OF AGRICULTURE, FOOD AND MARKETS › Sub-Agency 010 - ADMINISTRATIVE DIVISION › Chapter 003 - ACCESS TO PUBLIC RECORDS › Section 20 010 003 - ACCESS TO PUBLIC RECORDS

Current through June, 2024
PREAMBLE
It is the policy of the Department of Agriculture to
				provide for the examination of records consistent with Chapter I,
				Article 6 of the Vermont Constitution and
				1 V.S.A. §
										315 et seq. Officers of government
				are trustees and servants of the people and it is in the public
				interest to enable any person to review and comment upon their
				decisions. The department recognizes its duty to aid persons seeking
				access to public information held by the department.
The department also has a duty to preserve the
				security of public records and documents and to minimize damage which
				could result from mishandling. It is also the duty of the department
				to minimize the potential for disruption which requests for
				information have on the work of public employees, and to collect a
				reasonable fee from persons requesting information to cover costs
				incurred in searching and copying documents and records. In order to
				fulfill its responsibilities to the public the department adopts the
				following procedures for responding to requests for information, in
				accordance with and under the authority delegated by
				1 V.S.A. §
										315 et seq.
1. DEFINITIONS
For the purposes of these procedures:
a. "Commissioner" means the
			 Commissioner of Agriculture, or his duly authorized
			 representative.
b.
			 "Department" means the Department of Agriculture.
c. "Division" means one of the
			 groups into which the department is divided. These divisions are:
			 plant industry; weights and measures and retail inspection;
			 agricultural development; dairy; administration; livestock meat
			 inspection; livestock animal health; and laboratories.
d. "Public records" or "public
			 documents" means all papers, staff reports, individual salaries,
			 salary schedules, or any other written or recorded matters produced
			 or acquired in the course of agency business except the exceptions
			 stated in
			 1
			 V.S.A. §
											317(b), annexed to
			 these procedures in attachment A.
e. "Requests for public records"
			 means requests to examine or copy public documents by any person.
			 This definition does not include requests for agricultural services
			 and information which the department provides to the public in its
			 normal course of business, and such request are exempt for, these
			 procedures.
PROCEDURES
Code of Vermont Rules › Agency 20 - DEPARTMENT OF AGRICULTURE, FOOD AND MARKETS › Sub-Agency 010 - ADMINISTRATIVE DIVISION › Chapter 006 - RULES OF PRACTICE › Section 20 010 006 - RULES OF PRACTICE

Current through June, 2024
Section 1
			 DESCRIPTION OF ORGANIZATION
The Vermont Department of Agriculture has the
				responsibility, as directed by the Legislature and the Governor, of
				administering and enforcing a long list of Vermont statutes in many
				fields. Practically all residents of the state are affected in one
				way or another by these laws, regulations and services. Among these
				are the control and eradication of livestock diseases which have
				human health and economic significance; the operation of a state meat
				inspection service; licensing and bonding of a select list of farm
				commondity buyers; supervising the sanitary production and handling
				of milk and dairy products; enforcing the accurate grading and
				labeling of many Vermont farm products; testing all devices which are
				used to measure commodities sold to the public; enforcing packing and
				labeling regulations; controlling and/or eradicatying plant diseases
				and pests; supervising the production and sale of Vermont certified
				seed crops and plants; registration of economic poisons; apiary
				inspection; and, the promotion of agricultural interests of the
				state. The Department reports to the County State's Attorneys all
				persistent violations.
The Commissioner of Agriculture also serves as a
				member of specified admini-strative boards and councils, for which
				administrative functions are performed by Department of Agriculture
				staff. These boards and councils are as follows: State Dairy Council,
				Vermont Milk Control Board, Vermont Dairy Industry Council Meat
				Inspection Board of Appeals and the Agricultural Development
				Commission. The Commissioner is also a member of the State Natural
				Resources Conservation Council, but department staff performs no
				administrative functions for this council.
The public may obtain information and make informal
				requests at the office of the Commissioner of Agriculture.
Section 2 DEFINITIONS
Wherever the words Department, Board, Council appear,
				reference is made to the Vermont Department of Agriculture, Vermont
				Milk Control Board, State Meat Inspection Appeals Board, State
				Natural Resources Conservation Council, State Dairy Council, Vermont
				Dairy Industry Council. The definitions set forth in 3V.S.A., Sec.
				801, are hereby adopted and made applicable to these rules.
Section 3 FORMAL AND
			 INFORMAL PROCEEDINGS
The following types of proceedings will be treated as
				formal proceedings:
(a)
			 Proceedings wherein the determination by the Department, Board,
			 Council, is required to be made after an opportunity for
			 hearing;
(b) Rule-making
			 proceedings initiated by the Department, Board, Council under Rule 8
			 (c) hereof.
All other petitions, applications, submissions,
				requests, charges, etc. will be treated as informal
				proceedings.