§ 835. Procedures and guidance documents
(a) Procedures and guidance documents shall be maintained by the agency in an official current compilation that includes an index. Each addition, change, or deletion to the official compilation shall also be dated, indexed, and recorded. The agency shall publish the compilation and index on its Internet website and make all procedures and guidance documents available to the public. On or after January 1, 2024, an agency shall not rely on a procedure or guidance document or cite it against any party to a proceeding, unless the procedure or guidance document is included in a compilation maintained and published in accordance with this subsection.
(b) A procedure or guidance document shall not have the force of law. However, this subsection shall not apply to a procedure if a statute that specifically enables the procedure states that it has the force of law. This subsection is not intended to affect whether a court or quasi-judicial body gives deference to a procedure or guidance document issued by an agency whose action is before the court or body. (Added 1981, No. 82, § 6; amended 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