Code of Vermont Rules › Agency 14 - AGENCY OF TRANSPORTATION › Sub-Agency 050 - MOTOR VEHICLES DEPARTMENT › Chapter 035 - HEARING DIVISION › Section 14 050 035 - HEARING DIVISION

Current through June, 2024
3 Hearing
			 Division, Department of Motor Vehicles
The Act of the Legislature as amended and approved March 2,
				1972:
				23 V.S.A.
				§§
											801(a) (3),
				801(a)
				(4),
				802(b)
				and adding
				23 V.S.A. §
											802(i) relating to Financial
				Responsibility Insurance, has necessitated the activation of a Hearing Division
				within the Department of Motor Vehicles.
Description
The Hearing Division will consist of a [Motor Vehicle Hearing
				Chief] Director, as agent of the Commissioner of Motor Vehicles, Motor Vehicle
				Hearing Examiners and clerical employees as are necessary to maintain proper
				records and to expedite handling of requests and decisions.
The Hearing Examiners will conduct the hearings, make findings
				of fact, render the final decision and perform other related duties within the
				Hearing Division.
Inquiries should be made to the Hearings Division, Department
				of Motor Vehicles, State Office Building, Montpelier, Vermont 05603-0001, if by
				mail or by phone to 828-2016.
Rules Governing Financial Responsibility Hearings
The following Rules will prevail in regards to all
				hearings:
(1) Hearings will be held in
			 the Administrative District in which the petitioner resides, or if a
			 nonresident, the hearing will be held in Montpelier.
(2) Persons who may be subject to the
			 Financial Responsibility requirements of this state as a result of their
			 involvement in an accident as the operator of a motor vehicle and who were not
			 insured at the time will be forwarded a notice which explains their rights to a
			 hearing. Said notice to be forwarded to the [last known] address given by
			 petitioner, certified mail, return receipt requested.
(3) Petitioner or his/her legal counsel must
			 file a request for a hearing with the Motor Vehicle Department within fifteen
			 (15) days after date of notice described above. Request must be written or by
			 use of the printed request form which will be included with the above letter. A
			 request will be considered filed as of the date of postmark on the envelope, or
			 if not mailed, date of delivery to Motor Vehicle Department, if the respective
			 dates are within the above time limit.
(4) Any person who fails to reply indicating
			 his/her desire for a hearing within the time required under No. 3 above will
			 have waived his rights to a hearing.
(5) Notice of hearing will be forwarded to
			 petitioner and/or his/her legal counsel, certified mail return receipt
			 requested, setting forth the date, time, place and other information pertinent
			 to the hearing. Hearing will be scheduled within twenty (20) working days from
			 receipt of his/her request.
(6)
			 Petitioner may represent himself/herself or may be represented by legal counsel
			 and may bring witnesses.
(7)
			 Failure of the petitioner or his/her representative to appear at a scheduled
			 hearing will have defaulted his/her rights to a hearing as the opportunity for
			 hearing required by statute was satisfied with the mailing of the notice of
			 hearing [and returned receipt]. Such a default will become effective one-half
			 hour after the scheduled starting time of the hearing.
(8) The hearing will only determine if
			 petitioner was at fault in any degree for the accident.
(9) In accordance with 23 V.S.A. §
			 (802(i) 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. All witnesses shall be
			 placed under oath.
(10) In
			 accordance with
			 23 V.S.A. §
											802(i) the hearing examiner
			 may consider such evidence as is offered and may consider also the operator and
			 investigating officer report or reports filed in connection with the
			 accident.
(11) The hearing will be
			 on an ex parte basis and unless deemed necessary, no witnesses will be
			 subpoenaed, subpoenas will be issued when necessary.
(12) Any request for postponement must be
			 submitted in writing, with a statement of the reasons therefor, that must be
			 received in the Hearing Division at least seven (7) days in advance of the
			 scheduled hearing. If the postponement is deemed warranted by the hearing
			 examiner, it will be granted, however, the new hearing must be scheduled within
			 30 days from date of the postponed date.
(13) There will be maintained a record of the
			 proceedings which shall be preserved in such a manner that it can be
			 transcribed if requested for appeal purposes.
(14) Neither the Department of Motor Vehicles
			 nor the state will be responsible for payment of any expense incurred by the
			 petitioner pertaining to his/her hearing. The fees of witnesses summoned or
			 used by such petitioner shall be paid by him/her.
(15) Permission for continuances will be at
			 the discretion of the hearing examiner. A withdrawal after notice of hearing
			 will waive petitioner's rights to a further hearing on the same
			 accident.
(16) Petitioner will
			 [receive] be mailed a written notice of the decision within [ten (10)] seven
			 (7) working days after the hearing.
[(17) If
			 the decision of the hearing examiner is adverse to the petitioner, said person
			 has a right to review on the record, by the Commissioner of Motor Vehicles,
			 providing he/she applied in writing forwarded by certified mail, within ten
			 (10) days after date of the Notice of Decision.]
[(18) The decision shall become final ten
			 (10) days after the date of Notice of Decision, unless request for review by
			 the Commissioner is made. Upon review by the Commissioner the decision shall
			 become final on notification by the Commissioner.]
[(19) ] (17) A person found to be at fault
			 may have such finding reviewed under Rule 75 of the Vermont Rules of Civil
			 Procedure.
References in text. The Act of the Legislature referred to in
				the introductory paragraph of this rule is 1971, No. 151 (Adj. Sess.),
				§§ 1-4, eff. March 2, 1972.
Section
				802(b)
				of Title 23, referred to in the introductory paragraph of this rule, was
				repealed by 1977, No. 220 (Adj. Sess.), §
												4.