Code of Vermont Rules › Agency 12 - AGENCY OF NATURAL RESOURCES › Sub-Agency 004 - NATURAL RESOURCES BOARD › Chapter 001 - RULES OF PROCEDURE › Section 12 004 001 - RULES OF PROCEDURE

Current through June, 2024
Part I GENERAL PROVISIONS
Section 1 Scope and Authority
These rules are adopted pursuant to
				  10 V.S.A. §
												6025(a) and apply to the
				  Natural Resources Board, its Land Use Panel, and its Water Resources
				  Panel.
Section 2
				Definitions
(A) For the purposes of these
				rules, the terms below shall have the following meanings unless a different
				meaning clearly appears from the context:
(1)
				"Agency" means the Vermont Agency of Natural Resources.
(2) "Alternate" means a person appointed
				pursuant to
				10 V.S.A. §
													6021(a) to serve as an
				alternate to unavailable Board members.
(3) "Board" means the Vermont Natural
				Resources Board, which consists of a Land Use Panel and a Water Resources
				Panel.
(4) "Chair" means the Chair
				of the Board and its Panels, or in the absence or recusal of the Chair, the
				Vice Chair of the Board or a Panel or the Acting Chair of the Board or a
				Panel.
(5) "Department" means the
				Vermont Department of Environmental Conservation.
(6) "District Commission" means a district
				environmental commission.
(7)
				"Municipality" means any city, town or village in the State of
				Vermont.
(8) "Normal Office Hours"
				means between 7:45 a.m. and 4:30 p.m., Monday through Friday, except for state
				or federal legal holidays.
(9)
				"Panel" means the Land Use Panel or the Water Resources Panel of the
				Board.
(10) "Person" means an
				individual, partnership, corporation, association, unincorporated organization,
				trust, joint venture, affiliated ownership; a federal, state, or municipal
				department, agency or subdivision; or any other legal or commercial
				entity.
(11) "Rulemaking" means:
(a) a proceeding, initiated by the Board or a
				Panel, on its own motion or upon the filing of a petition, for the purpose of
				adopting a Board or Panel statement of general applicability which implements,
				interprets, or prescribes law or policy within the jurisdiction of the Board or
				a Panel and;
(b) a proceeding
				conducted in accordance with the procedures set forth in 3 V.S.A. ch. 25 for
				the purpose of adopting procedural rules or substantive rules relating to the
				authority of the Board or a Panel under 10 V.S.A. ch. 151 and such other
				statutory authorities as may from time to time be delegated to the Board or a
				Panel.
(12) "Secretary"
				means the Secretary of the Agency.
(13) "Vice Chair" means the Vice Chair of the
				Board or the Vice Chair of a Panel.
(B) Whenever a term is used in the singular
				form in these rules, the plural form of the term shall also be intended where
				appropriate.
Section 3
				Vice Chairs and Acting Chairs
(A) Board Vice
				Chair and Acting Chair
(1) In the absence or
				recusal of the Chair with regard to duties of the Board, the Vice Chair for the
				Board shall serve as the Acting Chair and perform all duties of the Chair
				relating to the business of the Board. The Board shall annually elect a Vice
				Chair for the Board from its members who shall serve until his or her successor
				is elected.
(2) In the absence or
				recusal of both the Chair and the Vice Chair for the Board, the Board members
				present at any Board meeting or hearing shall elect an Acting Chair, who shall
				perform all duties of the Chair at that meeting or hearing.
(B) Panel Vice Chairs and Acting
				Chairs
(1) In the absence or recusal of the
				Chair with regard to duties of a Panel, the Vice Chair for that Panel shall
				serve as the Acting Chair and perform all duties of the Chair relating to the
				business of the Panel. The Land Use Panel shall annually elect a Vice Chair for
				Land Use from its members who shall serve until his or her successor is
				elected. The Water Resources Panel shall annually elect a Vice Chair for Water
				Resources from its members who shall serve until his or her successor is
				elected.
(2) In the absence or
				recusal of both the Chair and the Vice Chair for a Panel, the Panel members
				present at any Panel meeting or hearing shall elect an Acting Chair, who shall
				perform all duties of the Chair at that meeting or hearing.
Section 4 Committees,
				Hearing Officers, and Designees
(A)
				Appointment
(1) The Board or a Panel may
				designate a committee, a hearing officer, the Chair, a Board member, an
				alternate, Board legal counsel, or the Board's executive director to hear, act
				upon, or investigate any matter within the jurisdiction of the Board or the
				Panel.
(2) The Chair, Board
				members, alternates, Board legal counsel, and the Board's executive director
				may serve as hearing officers or committee members.
(3) The Board or a Panel shall designate in
				writing the committee, hearing officer, or designee and the matters to be
				heard, acted upon, or investigated.
(B) Conduct of Hearing, Action, or
				Investigation
(1) In hearing, acting upon, or
				investigating matters designated, a committee, hearing officer, or designee may
				exercise the powers of the Board or the Panel with jurisdiction over the
				matter.
(2) A committee, hearing
				officer, or designee, sua sponte, or upon objection, may determine at any time
				that a matter should be referred to the Board or the appropriate Panel for its
				consideration.
(3) A committee,
				hearing officer, or designee appointed to hear, act upon, or investigate any
				matter may prepare a written report for the Board or the Panel with
				jurisdiction over the matter.
Section 5 Meetings and Actions
(A) Quorum
A quorum must be present before the Board, a Panel, or a
				  committee may convene a meeting or take action.
(1) A majority (five members) constitutes a
				quorum of the Board.
(2) A majority
				(three members) constitutes a quorum of a Panel.
(3) A majority of the members appointed to a
				committee constitutes a quorum of the committee.
(B) Votes Required
A majority vote of the members of the Board (five votes), a
				  Panel (three votes), or a committee is required to take action.
(C) Alternates
The Chair may assign one or more alternates to sit on
				  specific matters before a Panel or the Board in situations where fewer than
				  five Panel members or nine Board members are available to serve on that matter.
				  No more than five Panel members and nine Board members, including alternates,
				  may be assigned to meet and vote on any particular matter.
(D) Tied Vote
(1) Board and Panels
In the event of a tied vote, the Board or its Panels shall
				  recess until at least one absent member is available to vote or the Chair
				  assigns an alternate member to participate in the decision. The Chair may
				  assign an alternate to break a tie only if a regular member is not available to
				  serve on that matter.
(2)
				Committees
In the event of a tied vote, a committee shall recess until
				  at least one absent member of the committee becomes available to participate in
				  the committee's decision or until the Chair assigns at least one additional
				  committee member to break a tie.
Section 6 Subpoena Power
Pursuant to
				  10 V.S.A. §
												6027(a)(1), the Board, a
				  Panel, or a committee, hearing officer, or designee may compel by subpoena the
				  attendance and testimony of witnesses and the production of evidence in any
				  matter within its jurisdiction.
Section
				7 Information Required in Pending Matters
(A) Supplementary Information
The Board, the Panel, the Chair, or a committee, hearing
				  officer, or designee may require any petitioner or interested person to submit
				  relevant supplementary information for consideration in resolving issues raised
				  in any proceeding under these Rules.
(B) Investigation
The Board, the Panel, or a committee, hearing officer, or
				  designee may conduct or cause to be conducted such investigations,
				  examinations, tests, and site evaluations as may be necessary to verify or
				  supplement information contained in any filing or otherwise presented in any
				  proceeding.
Section
				8 Investigation
(A) General
The Board or a Panel may open an investigation and issue such
				  orders as it deems necessary to gather information, identify policy issues, and
				  formulate strategies or means for addressing issues within its jurisdiction.
				  Such investigation may be initiated by the Board or a Panel on its own motion,
				  or in response to a petition.
(B) Notice
The Board or a Panel may initiate an investigation, on its
				  own motion or by petition, by voting to conduct an investigation. The Board or
				  Panel shall specify, and include in the minutes of the meeting at which such
				  vote is taken, the purpose of such investigation and the means by which the
				  Board or Panel will conduct such investigation, including how it will give
				  public notice of such proceeding.
(C) Petition
(1) A petition to initiate an investigation
				shall be in writing and shall state in detail the purpose of the investigation,
				the matters to be investigated, and any statutes, rules, decisions or other
				legal authorities that are or may be at issue. If the petition is related to
				and in anticipation of a request to adopt, amend or repeal rules of the Board
				or a Panel, the petition shall so state and shall include any draft rule,
				policy statement, or proposed standards that the petitioner would like the
				Board or Panel to consider in the investigation process.
(2) Upon receipt of a complete petition, the
				Board or Panel shall either initiate the investigation or deny the petition and
				forward a statement of reasons for the denial to the petitioner. Prior to
				making this decision, the Board or Panel may hold public hearings to obtain
				further information relevant to the petition. Petitions to open investigations
				shall be filed in the same manner as provided in Part II of these
				Rules.
(D) Outside
				Facilitator or Mediator
The Board or a Panel, or a committee, hearing officer, or
				  designee with the approval of the Board or a Panel, may retain an outside
				  facilitator or a mediator to assist with an investigation.
(E) Hearings, Comments, and Investigation
				Report
The Board or a Panel or a committee, hearing officer, or
				  designee may convene one or more hearings in connection with an investigation
				  and may solicit testimony or written comment from any person that may have
				  knowledge of the subject of the investigation. The Board or a Panel or a
				  committee, hearing officer, or designee may choose to hear from any interested
				  persons or may limit testimony or written comments to selected persons during
				  all or part of an investigation. At the conclusion of such investigation the
				  Board or a Panel shall issue a written report summarizing the outcome of the
				  investigation.
Section
				9 Computation and Enlargement of Time
(A) In computing any period of time
				prescribed or allowed by these Rules, the day of the act or event from which
				the designated period of time begins to run shall not be included. The last day
				of the period so computed shall be included, unless this day is a Saturday,
				Sunday, state or federal legal holiday, or a day on which the office is
				officially closed due to weather or other circumstances such as the day after
				Thanksgiving, in which event the period runs until the end of normal office
				hours the next day which is not a Saturday, Sunday, state or federal legal
				holiday, or other day on which the office is officially closed. The day that a
				decision or order is issued shall be that date on which it has been certified
				that the decision or order has been placed in the U.S. Mail for delivery to
				interested persons or petitioners. The term "day" refers to calendar
				day.
(B) Whenever a person has the
				right or is required to file a document within a prescribed period after the
				service of a paper on the person by another person in the proceeding, and the
				paper is served on the person by mail, the date of service shall be three days
				after the date on which the paper was postmarked, unless the Board or a Panel
				sets a specific date by which the person must file.
(C) The Board, a Panel, the Chair, or a
				committee, hearing officer, or designee, for good cause upon written motion,
				may enlarge the time prescribed by these Rules or by its order for doing any
				act, or may permit an act to be done after the expiration of such time provided
				that such enlargement will not result in undue delay or disruption of the
				Board's schedule.
Section
				10 Time and Manner of Filings, Certificate of Service
(A) Petitions and Related Materials Filed by
				Petitioners
(1) Copies
(a) A petitioner shall file an original and
				six copies of a petition to a Panel and an original and ten copies of a
				petition to the Board, signed by the petitioner or a duly authorized
				representative. The Board encourages the petitioner to file an additional
				electronic copy of the petition.
(b) The petitioner shall file an original and
				six copies of all documents or exhibits filed subsequent to the filing of a
				petition to a Panel and an original and ten copies of all documents or exhibits
				filed subsequent to the filing of a petition to the Board, except as otherwise
				ordered by the Chair or a committee, hearing officer, or designee.
(c) Exhibits larger than 82 x 11 inches must
				only be identified to persons required to be served. Only one copy of all such
				exhibits must be filed. Such exhibits are available for inspection at the
				Board's offices during normal office hours.
(2) Certificate of Service
(a) A petition and all supporting documents
				or exhibits, including any documents or exhibits filed to complete or
				supplement a petition that has been deemed substantially incomplete, shall be
				accompanied by a certificate of service, signed by the petitioner or a
				representative, and certifying to the manner of service on the persons required
				to be served by these Rules.
(b)
				The certificate of service shall also be served on all persons listed on the
				certificate of service.
(c) Persons
				listed on the certificate of service shall be identified by full name and
				complete mailing address.
(3) Signature, Address, and Phone Number
The petition and related materials filed by the petitioner
				  shall be signed on the last page by the petitioner, or by his or her duly
				  authorized representative, and shall list the address and phone number of the
				  petitioner or representative under said signature.
(B) Written Public Comments
(1) Manner of Filing
One original copy of comments must be filed, unless otherwise
				  specified by the Board, a Panel, or a committee, hearing officer, or
				  designee.
(2) Electronic
				Filing
Comments may be filed electronically unless otherwise
				  specified by the Board, a Panel, or a committee, hearing officer, or
				  designee.
(3) Service
Copies of comments do not need to be served on petitioners or
				  other persons.
(C) Date of Filing
The date of filing of petitions, public comments, and any
				  other matters shall be the first day on which the filing is received at the
				  Board's office during normal office hours. Filings received at any time other
				  than normal office hours shall be deemed filed on the first day of normal
				  office hours after the item was received.
(D) Labeling
Materials filed with regard to any matter that the Board or a
				  Panel has assigned a case name or number must be clearly labeled with the case
				  name and number.
(E) Format
				of Petitions, Written Comments, and Exhibits
(1) Petitions, supplemental petitions, and
				written comments exceeding five pages shall be double-spaced.
(2) Exhibits exceeding 50 pages in length
				must be placed in a binder, tabbed, and accompanied by an exhibit list.
				Exhibits containing multiple pages shall be paginated.
Section 11 Waiver of Rules
In order to prevent unnecessary hardship or delay, in order
				  to prevent injustice, or for other good cause, the Board, a Panel, the Chair,
				  or a committee, hearing officer, or designee may waive the application of any
				  of these Rules upon such conditions as the Board, a Panel, the Chair, or a
				  committee, hearing officer, or designee may require, except where precluded by
				  statute.