Vermont Statutes Title 5 Sec. 36
Terms Used In Vermont Statutes Title 5 Sec. 36
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Board: means the Transportation Board. See
- Service of process: The service of writs or summonses to the appropriate party.
- 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
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
§ 36. Service of process
(a) All processes and hearing notices issued by the Board shall state the time and place of return and at least 12 days’ notice shall be given as the Board directs by certified or registered mail or publication, unless a shorter period is ordered by the Board as provided in subsection (b) of this section. However, all processes and notices pertaining to and on any hearings on clearances or other matters concerning the safety of railroad employees shall in addition be sent to the union representing the affected employee, if any.
(b) The Board may shorten the notice period specified in subsection (a) of this section and grant a temporary restraining order under terms as it considers appropriate, if:
(1) it clearly appears from specific facts shown by affidavit or by verified petition that immediate and irreparable injury, loss, damage, or danger to health will result to the petitioner before a hearing can be had upon notice as provided in subsection (a) of this section; and
(2) notice of the application for the restraining order has been given to the company involved or to its attorney. (Added 1985, No. 222 (Adj. Sess.), § 1; amended 2017, No. 132 (Adj. Sess.), § 1.)