Code of Vermont Rules › Agency 26 - DEPARTMENT OF LIQUOR CONTROL › Sub-Agency 020 - LIQUOR CONTROL BOARD › Chapter 001 - RULES AND REGULATIONS › Section 26 020 001 - RULES AND REGULATIONS

Current through June, 2024
Section  1. Administrative Organization and Procedures, and Agency Rules of Practice.
1. In addition to the provisions as set forth in applicable sections of Title 7 of the Vermont State Statutes Annotated, all general information relative to general administration, agencies, warehouse, licensing, enforcement procedures, and personnel may be obtained at the central office of the Department of Liquor and Lottery.
2. Definitions. The definitions set forth in 3 VSA, Chapter 25 are hereby adopted and made applicable to these regulations.
3. Formal and Informal Proceedings. The following types of proceedings will be treated as formal proceedings:
a. Revocation of licenses.
b. Rule-making proceedings initiated by the Board of Liquor and Lottery under Regulation No. 9(b).
All other petitions, applications, submissions, requests, charges, etc., will be treated as informal proceedings.
4. Appearances in Formal Proceedings.
a. A party to a formal proceeding before the Board of Liquor and Lottery may represent themself or may be represented by an attorney admitted to practice in the State of Vermont.
b. Upon the filing of a petition, charge or other pleading initiating a formal proceeding before the Board of Liquor and Lottery, the name of the attorney or person who has signed such pleading will be entered on the agenda of the Board of Liquor and Lottery by the Department of Liquor and Lottery. Except for appearances entered during a hearing, all other appearances in formal proceedings by attorneys or persons appearing for themselves shall be by notice in writing filed with the Department.
c. All notice given to or by an attorney of record for a party in a formal proceeding shall be considered in all respects as notice to or from the party represented by such attorney.
d. When an attorney has entered their appearance for a party in a formal proceeding, they shall remain counsel for such party until they have been granted leave to withdraw by order of the Board of Liquor and Lottery.
e. An attorney not residing or not admitted to practice in the State of Vermont may appear for a party if they are associated with a resident and admitted attorney who has entered their appearance for the same party.
5. Filing and Service of Documents in Formal Proceedings.
a. The petition, charge or other pleading initiating a formal proceeding before the Board of Liquor and Lottery shall be signed by the petitioner or complainant or an officer thereof and shall be filed with the Department of Liquor and Lottery. Such pleadings shall be drawn so as to fully and completely advise the Board of Liquor and Lottery and respondents, if any, as to the order of rule sought and the statutory authority and reasons therefor.
b. Filing with the Board of Liquor and Lottery shall be deemed to occur when a document is received by the Department of Liquor and Lottery except that filing shall be deemed to occur upon receipt by the Board of Liquor and Lottery when a document is submitted to the Board of Liquor and Lottery 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 proceeding, and whether petitioner's position is in support of or opposition to the order sought.
d. Every document or paper filed by any party subsequent to the initial pleading in a formal proceeding shall be served upon the attorneys of record for all other parties and upon all persons who have appeared for themselves.
e. In its discretion the Board of Liquor and Lottery may treat any written communication to it concerning a matter within its jurisdiction as a pleading initiating a formal proceeding.
f. Briefs and proposed findings of fact and conclusions of law, if any, shall be filed within ten days after hearing or, in the event that the hearing has been waived under Regulation No. 7(a), within ten days after the date originally set for the hearing.
6. Hearings.
a. An oral hearing shall be held in every formal proceeding except:
(1) in a formal rule-making proceeding if no request to be heard is submitted within five days of the date set for such hearing, in accordance with the provisions of Title 3 in any other formal proceeding if all the parties to the proceeding file written waivers of opportunity to be heard.
b. Upon the filing of a pleading initiating a formal proceeding, or upon the initiation of such a proceeding by the Board of Liquor and Lottery on its own motion, the Board of Liquor and Lottery shall by order or otherwise assign a time and place for the hearing thereof and the Department of Liquor and Lottery shall cause written notice of the hearing in the form as provided by Title 3 to be served upon each party and, if required by statute, shall arrange for publication thereof.
c. Every party and counsel representing the Board of Liquor and Lottery, if any, shall have the right to participate fully in any hearing before the Board of Liquor and Lottery, 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.
d. The admissibility of evidence in all formal proceedings before the Board of Liquor and Lottery shall be determined under the criteria specified in Title 3 e. The testimony of a hearing witness on direct examination may be offered in written form, either by having it read into the record or by offering it for incorporation in the record without reading, provided that a copy of such testimony shall be supplied to the Board of Liquor and Lottery, each attorney of record, and each party appearing for himself at a reasonable time in advance of the hearing at which testimony will be offered. Such testimony shall be subject to the same rules of admissibility and cross-examination as extemporaneous testimony.
7. Petitions for Rule-making and Declaratory Rulings.
a. Petitions for the adoption, amendment, or repeal of any rule will be entertained by the Board of Liquor and Lottery. Such petitions shall be filed with the Department of Liquor and Lottery pursuant to Regulation No. 6 hereof. Such petitions will be considered and disposed of pursuant to the procedure specified in Title 3 and Regulation No. 9(b) hereof.
b. Petitions for declaratory rulings as to the applicability of any statutory provision or of any rule or order of the Board of Liquor and Lottery will be entertained by the Board of Liquor and Lottery in an informal manner. Such petitions shall be filed with the Department of Liquor and Lottery and shall be so drawn as to fully and completely advise the Board of Liquor and Lottery the reasons why such a ruling is sought. The Board of Liquor and Lottery shall within thirty days after such petition has been filed advise the petitioner of its decision and the facts involved.
8. Special Procedures for Certain Informal Proceedings.
a. Any formal proceeding for revocation of a license, certificate, etc., shall be preceded by notice to the licensee of facts or conduct which warrant the intended action, and the licensee shall be given an opportunity informally to show compliance with all lawful requirements for the retention of the license prior to initiation of such formal proceeding under Regulation No. 7 hereof.
b. Petitions for rule-making filed under Regulation No. 7(a) hereof will be considered informally and the Board of Liquor and Lottery shall within thirty days after the filing of such a petition either deny the petition in writing (stating its reasons for the denial) or shall initiate formal rule- making proceedings in accordance with Title 3 and Regulation No. 6(b) hereof.
9. Enlargement of Rules.
The Board of Liquor and Lottery may take a proceeding partially or entirely out of these rules when the law so permits and, in its opinion, the interest of the public so requires.