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.
