§ 831. Required policy statements and rules
(a) Where due process or a statute directs an agency to adopt rules, the agency shall initiate rulemaking and adopt rules in the manner provided by sections 836-844 of this title.
(b) An agency shall adopt a procedure describing an existing practice when so requested by an interested person.
(c) An agency shall initiate rulemaking to adopt as a rule an existing practice or procedure when so requested by 25 or more persons or by the Legislative Committee on Administrative Rules. An agency shall not be required to initiate rulemaking with respect to any practice or procedure, except as provided by this subsection.
(d) An agency required to hold hearings on contested cases as required by section 809 of this title shall adopt rules of procedure in the manner provided in this chapter.
(e) Within 30 days after an agency discovers that the text of a final proposed rule as submitted to the Legislative Committee on Administrative Rules deviates from the text that the agency intended to submit to the Committee, the agency shall initiate rulemaking to correct the rule if the period for final adoption of the rule under subsection 843(c) of this title has elapsed.
(f) Except as provided in subsections (a)-(e) of this section, an agency shall not be required to initiate rulemaking or to adopt a procedure or a rule. (Added 1981, No. 82, § 6; amended 1995, No. 61, § 1; 2001, No. 149 (Adj. Sess.), § 48, eff. June 27, 2002; 2017, No. 156 (Adj. Sess.), § 2.)
Structure Vermont Statutes
Chapter 25 - Administrative Procedure
§ 801. Short title and definitions
§ 806. Procedure to request adoption of rules or procedures; guidance documents
§ 807. Declaratory judgment on validity or applicability of rules
§ 808. Procedure to request declaratory rulings by agencies
§ 809. Contested cases; notice; hearing; records
§ 809a. Enforcement of subpoenas; compulsion of testimony
§ 809b. Modification of subpoena or discovery order
§ 810. Rules of evidence; official notice
§ 811. Examination of evidence by agency
§ 815. Judicial review of contested cases
§ 817. Legislative Committee on Administrative Rules
§ 818. Secretary of State; centralized rule system
§ 820. Interagency Committee on Administrative Rules
§ 831. Required policy statements and rules
§ 832. Exemptions; limitations
§ 834. Periodic review of rules and forms
§ 835. Procedures and guidance documents
§ 836. Procedure for adoption of rules
§ 838. Filing of proposed rules
§ 839. Publication of proposed rules
§ 840. Public hearing and comment
§ 842. Review by Legislative Committee
§ 843. Filing of adopted rules
§ 846. Remedies for procedural failures
§ 847. Availability of adopted rules; rules by Secretary of State
§ 848. Rules repeal; amendment of authority; notice by agency