§ 846. Remedies for procedural failures
(a) The following shall prevent a rule from taking effect:
(1) failure to file with the Secretary of State;
(2) failure to file with the Legislative Committee on Administrative Rules;
(3) failure to file with the Interagency Committee on Administrative Rules; or
(4) failure to respond to an objection of the Legislative Committee on Administrative Rules as required in section 842 of this title.
(b) The following shall not affect the validity of a rule after its adoption:
(1) inadvertent failure to make required assurances relating to an incorporation by reference; or
(2) amendment after public hearing of the text of a proposed rule in a manner that does not cause the published summary of the rule to become misleading or inadequate; or
(3) failure to certify that all procedures required by this chapter have been satisfied; or
(4) failure to meet the style requirements of section 833 of this title; or
(5) inadvertent failure to mail notice or copies of any rule.
(c) Failure to identify the creation or enlargement in scope of a Public Records Act exemption in accordance with subsection 838(b) or 841(b) of this title shall render invalid the provisions of the rule that create or enlarge the exemption.
(d) For other violations of this chapter, the Court may fashion appropriate relief.
(e) An action to contest the validity of a rule for noncompliance with any of the provisions of this chapter, other than those listed in subsections (a) and (c) of this section, must be commenced within one year after the effective date of the rule. (Added 1981, No. 82, § 6; amended 1995, No. 61 § 4; 2001, No. 149 (Adj. Sess.), § 53, eff. June 27, 2002; 2015, No. 3, § 3.)
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