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Terms Used In Vermont Statutes Title 3 Sec. 806

  • Agency: means a State board, commission, department, agency, or other entity or officer of State government, other than the Legislature, the courts, the Commander in Chief, and the Military Department, authorized by law to make rules or to determine contested cases. See
  • Guidance document: means a written record that has not been adopted in accordance with sections 836-844 of this title and that is issued by an agency to assist the public by providing an agency's current approach to or interpretation of law or describing how and when an agency will exercise discretionary functions. See
  • Person: means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency. See
  • Procedure: means a practice that has been adopted in writing, either at the election of the agency or as the result of a request under subsection 831(b) of this title. See
  • Rule: means each agency statement of general applicability that implements, interprets, or prescribes law or policy and that has been adopted in the manner provided by sections 836-844 of this title. See

§ 806. Procedure to request adoption of rules or procedures; guidance documents

(a) A person may submit a written request to an agency asking the agency to adopt, amend, or repeal a procedure or rule. Within 30 days after receiving the request, the agency shall initiate rulemaking proceedings; shall adopt, amend, or repeal the procedure; or shall deny the request, giving its reasons in writing.

(b) A person may submit a written request to an agency asking the agency to adopt a guidance document as a rule or to amend or repeal the guidance document. Within 30 days after receiving the request, the agency shall initiate rulemaking proceedings; shall amend or repeal the guidance document; or shall deny the request, giving its reasons in writing. (Added 1967, No. 360 (Adj. Sess.), § 6, eff. July 1, 1969; amended 1981, No. 82, § 2; 2017, No. 156 (Adj. Sess.), § 2.)