2012 Vermont Statutes
Title 03 Executive
Chapter 25 ADMINISTRATIVE PROCEDURE
§ 848 Rules repeal; operation of law

§ 848. Rules repeal; operation of law

(a) A rule shall be repealed without formal proceedings under this chapter if:

(1) the agency which adopted the rule is abolished and its authority, specifically including its authority to implement its existing rules, has not been transferred to another agency, or

(2) a court of competent jurisdiction has declared the rule to be invalid, or

(3) the statutory authority for the rule, as stated by the agency under subdivision 838(b)(4) of this title, is repealed by the general assembly or declared invalid by a court of competent jurisdiction.

(b) When a rule is repealed by operation of law under this section, the secretary of state shall delete the rule from the published code of administrative rules.

(c) If the statutory authority for a rule, as stated by the agency under subdivision 838(b)(4), is amended by the general assembly, the agency shall review the rule and make a determination whether such statutory amendment repeals the authority upon which the rule is based, and shall, within 60 days of the effective date of the statutory amendment, inform in writing the secretary of state and the legislative committee on administrative rules whether repeal or revision of the rule is required by the statutory amendment. (Added 1983, No. 202 (Adj. Sess.), § 2, eff. April 26, 1984.)