2011 Vermont Code
Title 30 Public Service
Chapter 1 APPOINTMENT, GENERAL POWERS AND DUTIES
§ 8 Powers of single board member or other officer or employee

§ 8. Powers of single board member or other officer or employee

(a) One board member or any officer or employee of the board duly appointed by the chairperson of the board may inquire into and examine any matter within the jurisdiction of the board.

(b) A hearing officer may administer oaths in all cases, so far as the exercise of that power is properly incidental to the performance of his or her duty or that of the board. A hearing officer may hold any hearing in any matter within the jurisdiction of the board to hear.

(c) A hearing officer shall report his or her findings of fact in writing to the board in the form of a proposal for decision. A copy shall be served upon the parties pursuant to section 811 of Title 3. However, judgment on such findings shall be rendered only by a majority of the board.

(d) At least 12 days prior to a hearing before the board or a hearing officer, the board shall give written notice of the time and place of the hearing to all parties to the case and shall indicate the name and title of the person designated to conduct the hearing.

(e) Upon written request to the board at least five days prior to the hearing by all parties to the case, the chairperson shall appoint at least a majority of the board to conduct the hearing.

(f) Notwithstanding subsection (c) of this section, the chairperson may appoint a hearing officer to hear and finally determine any consumer complaint where the amount in controversy does not exceed $2,000.00. Upon petition of a party, filed within 30 days of issuance of the hearing officer's decision and order, or on its own motion, the board may determine that the hearing officer's decision and order should be treated as a proposal for decision and order as provided in subsection (c) of this section. The board may grant such request for good cause, including but not limited to apparent error of fact, or procedural or substantive law, and may conduct additional evidentiary hearings or hear oral argument from the parties. If such request is not timely made, or is not granted by the board, the decision and order of the hearing officer shall become the final decision and order of the board. (Amended 1959, No. 329 (Adj. Sess.), { 39(b), (c), eff. March 1, 1961; 1971, No. 180 (Adj. Sess

.), { 1, eff. March 28, 1972; 1973, No. 96; 1993, No. 21, { 4, eff. May 12, 1993.)