14-049 Code Vt. R. 14-050-049-X - RULES GOVERNING APPEALS OF ADMINISTRATIVE PENALTIES IMPOSED ON LICENSED INSPECTION STATIONS/MECHANICS

1. Persons wishing to contest the imposition of an Administrative penalty must make a written request for a hearing postmarked within 15 days of the DMV administrative order imposing the penalty.

2. Hearings will be conducted via telephone unless a personal appearance hearing is specifically requested, in either case the hearing will be conducted from Montpelier. Legal Counsel and/or a named individual, requested by the Petitioner to assist them at hearing, may appear in Montpelier even though the hearing is telephone hearing.

3. Notification of the date and time of the hearing and other pertinent information will be forwarded to the address given by the individual by first class mail with a copy to the attorney and/or named individual, if applicable.

4. The Petitioner may represent him/herself or may be represented by legal counsel, and may have witnesses present.

5. Failure of the Petitioner to furnish a telephone number or to be available for the hearing, or failure to appear if a personal appearance hearing has been scheduled, will constitute a default of the hearing. Such default will become effective one half hour after the scheduled starting time of the hearing.

6. The purpose of the hearing will be to allow the Petitioner to show cause why the administrative penalty is not proper and should not have been imposed.

7. In order to provide persons an opportunity to be heard without delay, at reasonable expense to them and the state, and consistent with due process considerations, the hearing will be conducted informally. Subpoenas shall be available upon request. All witnesses shall be placed under oath.

8. The hearing examiner may consider such evidence as is offered and the testimony of the Petitioner/witnesses.

9. Any request for postponement must be submitted in writing stating the reasons therefor. If the postponement is deemed warranted by the hearing examiner, it will be granted, however the new hearing must be scheduled within 30 days of the postponed hearing date.

10. A record of the proceedings shall be made and preserved in such a manner that it can be transcribed or duplicated if requested.

11. The fees of witnesses summoned or used by the Petitioner shall be paid by the Petitioner.

12. Permission for continuances will be at the discretion of the hearing examiner.

13. The Petitioner will be mailed a written notice of the decision of the hearing examiner within 20 days of the hearing closing date.

14. The hearing examiner's findings may be reviewed under Rule 74 of the Vermont Rules of Civil Procedure.

Notes

14-049 Code Vt. R. 14-050-049-X

Effective Date: March 29, 1999 (Secretary of State Rule Log #99-15)

Statutory Authority: 23 V.S.A. § 1229