Terms Used In Vermont Statutes Title 3 Sec. 813

  • Agency: means a State board, commission, department, agency, or other entity or officer of State government, other than the Legislature, the courts, the Commander in Chief, and the Military Department, authorized by law to make rules or to determine contested cases. See
  • Contested case: means a proceeding, including but not restricted to rate-making and licensing, in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after an opportunity for hearing. See
  • Party: means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party. See
  • Person: means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency. See

§ 813. Ex parte consultations

Unless required for the disposition of ex parte matters authorized by law, members or employees of any agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or his or her representative, except upon notice and opportunity for all parties to participate. An agency member:

(1) may communicate with other members or employees of the agency; and

(2) may have the aid and advice of one or more personal assistants. (Added 1967, No. 360 (Adj. Sess.), § 13, eff. July 1, 1969.)