3 Hearing Division, Department of Motor Vehicles The Act of the Legislature as amended and approved March 2, 1972: 23 V.S.A. §§ 801(a) (3), 801(a) (4), 802(b) and adding 23 V.S.A. § 802(i) relating to Financial Responsibility Insurance, has necessitated the activation of a Hearing Division within the Department of Motor Vehicles.
Description
The Hearing Division will consist of a [Motor Vehicle Hearing Chief] Director, as agent of the Commissioner of Motor Vehicles, Motor Vehicle Hearing Examiners and clerical employees as are necessary to maintain proper records and to expedite handling of requests and decisions.
The Hearing Examiners will conduct the hearings, make findings of fact, render the final decision and perform other related duties within the Hearing Division.
Inquiries should be made to the Hearings Division, Department of Motor Vehicles, State Office Building, Montpelier, Vermont 05603-0001, if by mail or by phone to 828-2016.
Rules Governing Financial Responsibility Hearings
The following Rules will prevail in regards to all hearings:
(1) Hearings will be held in the Administrative District in which the petitioner resides, or if a nonresident, the hearing will be held in Montpelier.(2) Persons who may be subject to the Financial Responsibility requirements of this state as a result of their involvement in an accident as the operator of a motor vehicle and who were not insured at the time will be forwarded a notice which explains their rights to a hearing. Said notice to be forwarded to the [last known] address given by petitioner, certified mail, return receipt requested.(3) Petitioner or his/her legal counsel must file a request for a hearing with the Motor Vehicle Department within fifteen (15) days after date of notice described above. Request must be written or by use of the printed request form which will be included with the above letter. A request will be considered filed as of the date of postmark on the envelope, or if not mailed, date of delivery to Motor Vehicle Department, if the respective dates are within the above time limit.(4) Any person who fails to reply indicating his/her desire for a hearing within the time required under No. 3 above will have waived his rights to a hearing.(5) Notice of hearing will be forwarded to petitioner and/or his/her legal counsel, certified mail return receipt requested, setting forth the date, time, place and other information pertinent to the hearing. Hearing will be scheduled within twenty (20) working days from receipt of his/her request.(6) Petitioner may represent himself/herself or may be represented by legal counsel and may bring witnesses.(7) Failure of the petitioner or his/her representative to appear at a scheduled hearing will have defaulted his/her rights to a hearing as the opportunity for hearing required by statute was satisfied with the mailing of the notice of hearing [and returned receipt]. Such a default will become effective one-half hour after the scheduled starting time of the hearing.(8) The hearing will only determine if petitioner was at fault in any degree for the accident.(9) In accordance with 23 V.S.A. § (802(i) the hearing will be conducted with a minimum of procedural requirements, so as to provide persons an opportunity to be heard without delay and at reasonable expense to them and to the state. All witnesses shall be placed under oath.(10) In accordance with 23 V.S.A. § 802(i) the hearing examiner may consider such evidence as is offered and may consider also the operator and investigating officer report or reports filed in connection with the accident.(11) The hearing will be on an ex parte basis and unless deemed necessary, no witnesses will be subpoenaed, subpoenas will be issued when necessary.(12) Any request for postponement must be submitted in writing, with a statement of the reasons therefor, that must be received in the Hearing Division at least seven (7) days in advance of the scheduled hearing. If the postponement is deemed warranted by the hearing examiner, it will be granted, however, the new hearing must be scheduled within 30 days from date of the postponed date.(13) There will be maintained a record of the proceedings which shall be preserved in such a manner that it can be transcribed if requested for appeal purposes.(14) Neither the Department of Motor Vehicles nor the state will be responsible for payment of any expense incurred by the petitioner pertaining to his/her hearing. The fees of witnesses summoned or used by such petitioner shall be paid by him/her.(15) Permission for continuances will be at the discretion of the hearing examiner. A withdrawal after notice of hearing will waive petitioner's rights to a further hearing on the same accident.(16) Petitioner will [receive] be mailed a written notice of the decision within [ten (10)] seven (7) working days after the hearing. [(17) If the decision of the hearing examiner is adverse to the petitioner, said person has a right to review on the record, by the Commissioner of Motor Vehicles, providing he/she applied in writing forwarded by certified mail, within ten (10) days after date of the Notice of Decision.][(18) The decision shall become final ten (10) days after the date of Notice of Decision, unless request for review by the Commissioner is made. Upon review by the Commissioner the decision shall become final on notification by the Commissioner.] [(19) ] (17) A person found to be at fault may have such finding reviewed under Rule 75 of the Vermont Rules of Civil Procedure. References in text. The Act of the Legislature referred to in the introductory paragraph of this rule is 1971, No. 151 (Adj. Sess.), §§ 1-4, eff. March 2, 1972.
Section 802(b) of Title 23, referred to in the introductory paragraph of this rule, was repealed by 1977, No. 220 (Adj. Sess.), § 4.