§ 8.
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/vt/title-30/chapter-1/8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 8. Powers of single Commission member or other officer or employee
(a)One Commission member or any officer or employee of the Commission duly appointed by the Chair of the Commission may inquire into and examine any matter within the jurisdiction of the Commission.
(b)A hearing officer may administer oaths in all cases, so far as the exercise of that power is properly incidental to the performance of his or her duty or that of the Commission. A hearing officer may hold any hearing in any matter within the jurisdiction of the Commission to hear.
(c)A hearing officer shall report his or her findings of fact in writing to the Commission in the form of a proposal for decision. A copy shall be served upon the parties pursuant to 3 V.S.A. § 811. However, judgment on such findings shall be rendered only by a majority of the Commission.
(d)Written notice of a hearing before a Commissioner or a hearing officer shall be given in accordance with section 10 of this title.
(e)Upon written request to the Commission at least five days prior to the hearing by all parties to the case, the Chair shall appoint at least a majority of the Commission to conduct the hearing.
(f)Notwithstanding subsection
(c)of this section, the Chair may appoint a hearing officer to hear and finally determine any consumer complaint where the amount in controversy does not exceed $2,000.00. Upon petition of a party, filed within 30 days following the issuance of the hearing officer’s decision and order, or on its own motion, the Commission may determine that the hearing officer’s decision and order should be treated as a proposal for decision and order as provided in subsection
(c)of this section. The Commission may grant a request for good cause, including apparent error of fact, or procedural or substantive law, and may conduct additional evidentiary hearings or hear oral argument from the parties. If the request is not timely made, or is not granted by the Commission, the decision and order of the hearing officer shall become the final decision and order of the Commission. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), (c), eff. March 1, 1961; 1971, No. 180 (Adj. Sess.), § 1, eff. March 28, 1972; 1973, No. 96; 1993, No. 21, § 4, eff. May 12, 1993; 2023, No. 85 (Adj. Sess.), § 337, eff. July 1, 2024; 2023, No. 142 (Adj. Sess.), § 2, eff. May 30, 2024.)