2014 Vermont Statutes
Title 18 - Health
Chapter 32 - IONIZING AND NONIONIZING RADIATION CONTROL
§ 1655 Hearings and judicial review

§ 1655. Hearings and judicial review

(a) In any proceeding under this chapter for the issuance or modification of rules relating to control of byproducts, source, and special nuclear materials; or for granting, suspending, revoking, or amending any license; or for determining compliance with or granting exemptions from rules and regulations of the agency, the agency shall hold a public hearing upon the request of any person whose interest may be affected by the proceeding, and shall admit any such person as a party to the proceeding, subject to the emergency provisions in subsection (b).

(b) Whenever the agency finds that an emergency exists requiring immediate action to protect the public health and safety, the agency may, without notice or hearing, issue a regulation or order reciting the existence of the emergency and requiring that such action be taken as is necessary to meet it. Notwithstanding any provisions of this chapter, the regulation or order shall be effective immediately. Any person to whom the regulation or order is directed shall comply therewith immediately, but on application to the agency shall be afforded a hearing within ten days. On the basis of the hearing, the emergency regulation or order shall be continued, modified, or revoked within ten days after the hearing.

(c) Any final order entered in any proceeding under subsections (a) and (b) above shall be subject to judicial review in the superior court. (Added 1967, No. 27, § 5; amended 1997, No. 161 (Adj. Sess.), § 11, eff. Jan. 1, 1998.)