Vermont Statutes Title 30 Sec. 3
Terms Used In Vermont Statutes Title 30 Sec. 3
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
§ 3. Public Utility Commission
(a) The Vermont Public Utility Commission shall consist of a chair and two members. The Chair and each member shall not be required to be admitted to the practice of law in this State.
(b) The Chair shall be nominated, appointed, and confirmed in the manner of a Superior judge.
(c) Members of the Commission other than the Chair shall be appointed in accordance with this subsection. Whenever a vacancy occurs, public announcement of the vacancy shall be made. The Governor shall submit at least five names of potential nominees to the Judicial Nominating Board for review. The Judicial Nominating Board shall review the candidates in respect to judicial criteria and standards only and shall recommend to the Governor those candidates the Board considers qualified. The Governor shall make the appointment from the list of qualified candidates. The appointment shall be subject to the advice and consent of the Senate.
(d)(1) The term of each member shall be six years.
(2) Any appointment to fill a vacancy shall be for the unexpired portion of the term vacated.
(3)(A) A chair wishing to succeed himself or herself in office may seek reappointment under the terms of subsection (b) of this section.
(B) The Governor may reappoint a member of the Commission other than the Chair at the expiration of that member’s term, subject to the advice and consent of the Senate.
(e) Notwithstanding 3 V.S.A. § 2004, or any other provision of law, members of the Commission may be removed only for cause. When a Commission member who hears all or a substantial part of a case retires from office before such case is completed, he or she shall remain a member of the Commission for the purpose of concluding and deciding such case, and signing the findings, orders, decrees, and judgments therein. A retiring chair shall also remain a member for the purpose of certifying questions of law if appeal is taken. For such service, he or she shall receive a reasonable compensation to be fixed by the remaining members of the Commission and necessary expenses while on official business.
(f) A case shall be deemed completed when the Commission enters a final order therein even though such order is appealed to the Supreme Court and the case remanded by that Court to the Commission. Upon remand the Commission then in office may in its discretion consider relevant evidence including any part of the transcript of testimony in the proceedings prior to appeal.
(g) The Chair shall have general charge of the offices and employees of the Commission.
(h) The Clerk may appoint and assign a former Commission member to sit on specific Commission cases when some or all of the regular members are disqualified or otherwise unable to serve. In making assignments, the Clerk shall begin with the former Commissioner who left service most recently and then, as needed, proceed to the next most recently serving former Commissioner. Former Commissioners shall receive pay in accordance with subsection (e) of this section. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), (c), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 3, eff. Feb. 1, 1981; 1985, No. 108 (Adj. Sess.), § 3, eff. March 25, 1986; 1993, No. 21, § 1, eff. May 12, 1993; 2017, No. 53, § 9; 2019, No. 128 (Adj. Sess.), § 13; 2021, No. 42, § 3.)