Section 10 050 001 - ADMINISTRATIVE RULES OF STATE BUILDING DIVISIONRule No.1 Description of Organization The functions and statutory authority of the State Buildings Division are described in the outline of "Authority, Duties and Responsibilities" as spelled out in Appendix (1) hereof.
Rule No.2 Definitions The definitions set forth in 3 V.S.A. § 801 are hereby adopted and made applicable to these Rules.
Rule No.3 Formal and Informal Proceedings The following types of proceedings will be treated as formal proceedings:
(a) Proceedings wherein the determination by the State Buildings Division is required to be made after an opportunity for hearing.(b) Rule-making proceedings initiated by the State Buildings Division under Rule 8(c) hereof. All other petitions, applications, submissions, requests, charges, etc. will be treated as informal proceedings.
Rule No.4 Appearances in Formal Proceedings(a) A party to a formal proceeding before the State Building Division may appear for himself or he may be represented by an attorney admitted to practice in the State of Vermont.(b) Upon the filing of a petition, charge or other pleading initiating a formal proceeding before the State Buildings Division, the name of the attorney or person who has signed such pleading will be entered on the docket of the State Buildings Division by the Clerk. Except for appearances entered during a hearing, all other appearances in formal proceedings by attorneys or persons appearing for themselves shall be by notice in writing filed with the Clerk of the State Buildings Division and served pursuant to Rule 4 herein.(c) All notice given to or by an attorney of record for a party in a formal proceeding shall be considered in all respects as notice to or from the party represented by such attorney.(d) When an attorney has entered his appearance for a party in a formal Vermont may appear for a party if he is associated with a resident and admitted attorney who has entered his appearance for the same party.Rule No.5 Filing and Service of Documents in Formal Proceedings (a) The petition, charge or other pleading initiating a formal proceeding before the State Buildings Division shall be signed by the petitioner or complainant or an officer thereof and shall be filed with the State Buildings Division in quadruplicate. Such pleadings shall be drawn so as to fully and completely advise the State Buildings Division and respondents, if any, as to the order or rule sought and the statutory authority and reasons therefor.(b) All formal pleadings addressed to the State Buildings Division and other documents and papers filed in formal proceedings shall be on the appropriate form supplied by the State Buildings Division or shall be on paper measuring eight and one-half by eleven inches. Filing with the State Buildings Division shall be deemed to occur when a document or paper is received by the State Buildings Division except that filing shall be deemed to occur upon receipt by the State Buildings Division when a document is submitted to the State Buildings Division during a hearing.(c) Service of the initial pleading upon each other party entitled to be served a copy will be completed by the State Buildings Division except in cases where a different manner of service is required by statute.(d) The answer of a respondent to an initial pleading, if an answer is permitted or required by law, shall be filed with State Buildings Division at least seven days prior to the date set for the hearing of the case.(e) A petition for leave to intervene as a party must set forth the grounds of the proposed intervention, the position and interest of the petitioner in the proceeding, and whether petitioner's position is in support of or opposition to the order sought.(f) Every document or paper filed by any party subsequent to the initial pleading in a formal proceeding shall be served upon the attorneys of record for all other parties and upon all persons who have appeared for themselves. Service upon an attorney or upon a party shall be made by delivering a copy to him or by mailing it to him at his last known address. Delivery of a copy means handing it to the attorney or to the party, or leaving it at his office with the person in charge thereof or, if the office in closed or the person to be served has no office, leaving it at his dwelling house or usual place or abode with some person of suitable age and discretion then residing therein. Service by mail shall mean first-class mail, in a sealed and properly stamped envelope.(g) In its discretion the State Buildings Division may treat any written communication to it concerning a matter within its jurisdiction as a pleading initiating a formal proceeding.(h) Briefs and proposed findings of fact and conclusions of law, if any, shall be filed within thirty days after hearing or, in the event that hearing has been waived under Rule 6(a), within thirty days after the date originally set for th hearing.Rule No.6 Hearings (a) An oral hearing shall be held in every formal proceeding except that hearing may be waived in the discretion of the State Buildings Division: (1) in a formal rule-making or declaratory ruling proceeding, if no request to be heard is made at least five dys prior to the hearing date in accordance with 3 V.S.A. § 803(a); (2) and the petitioner, if any, waives hearing; and (3) in any other formal proceeding if all the parties to the proceeding file written waivers of opportunity for hearing.(b) Upon the filing of a pleading initiating a formal proceeding, or upon the initiation of such a proceeding by the State Buildings Division on its own motion, the State Buildings Division shall by order or otherwise assign a time and place for the hearing thereof and shall cause written notice of the hearing in the form as provided by 3 V.S.A. §§ 809(b) and 803(a)(1) to be served upon each party and, if required by statute, shall arrange for publication thereof.(c) Every party and counsel representing the State Buildings Division, if any, shall have the right to participate fully in any hearing before the State Buildings Division and, in the case of rule-making proceedings, all interested persons shall also be permitted to participate in accordance with the terms of the notice of the proceeding.(d) The admissibility of evidence in all formal proceedings before the State Buildings Division will be determined under the criteria specified in 3 V.S.A. § 810(1)-(4).(e) Hearings or any part thereof shall be transcribed at the request of any party made at least one day prior to the hearing and upon payment by the requesting party of the reasonable costs thereof.Rule No.7 Petitions for Rule-Making(a) Petitions for the adoption, amendment, or repeal of any rule will be entertained by the State Buildings Division. Such petitions shall be filed pursuant to Rule 5 hereof. Such petitions will be considered and disposed of pursuant to the procedure specified in 3 V.S.A. §§ 803 days after the filing of such a petition either deny the petition in writing (stating its reasons for the denial) or shall initiate formal rule-making proceedings in accordance with 3 V.S.A. § 803 and Rule 6(b) hereof.Rule No.8 Enlargement of Rules The State Buildings Division may take a proceeding partially or entirely out of these rules when the law so permits and, in its opinion, the interest of the public so requires.
APPENDIX A. Rules of Evidence, Official Notice(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in civil cases in the county courts of this state shall be followed. When necessary to ascertain in facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written forj;(2) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity compare the copy with the original;(3) A party may conduct cross-examinations required for a full and true disclosure of the facts;(4) Notice may be taken of judically cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.10-001 Code Vt. R. 10-050-001-X
Adopted, July 1, 1969
Amended, July 15, 1969
Effective Date: July 1969