Vermont § 1106 - Hearing

§ 1106. Hearing

• (a) The Bureau shall notify the person charged and the issuing officer of the time and
  place for the hearing. (b) The hearing shall be held before a hearing officer and conducted in an impartial manner.
  The hearing officer may, by subpoena, compel the attendance and testimony of witnesses
  and the production of books and records. All witnesses shall be sworn. The burden
  of proof shall be on the State or municipality to prove the allegations by clear and
  convincing evidence. As used in this section, “clear and convincing evidence” means
  evidence that establishes that the truth of the facts asserted is highly probable.
  Certified copies of records supplied by the Department of Motor Vehicles or the Agency
  of Natural Resources and presented by the issuing officer or other person shall be
  admissible without testimony by a representative of the Department of Motor Vehicles
  or the Agency of Natural Resources. (c) The hearing officer shall make findings that shall be stated on the record or, if
  more time is needed, made in writing at a later date. The hearing officer may make
  a finding that the person has committed a lesser included violation. If the hearing
  officer finds that the defendant committed a violation, the hearing officer shall
  consider evidence of ability to pay, if offered by the defendant, prior to imposing
  a penalty. (d) Unless otherwise provided by law, a law enforcement officer may void or amend a complaint
  issued by that officer by so marking the complaint and returning it to the Bureau,
  regardless of whether the amended complaint is a lesser included violation. At the
  hearing, a law enforcement officer may, unless otherwise provided by law, void or
  amend a complaint issued by that officer in the discretion of that officer. (e) A State’s Attorney may dismiss or amend a complaint. (f) The Supreme Court shall establish rules for the conduct of hearings under this chapter. (Added 1997, No. 121 (Adj. Sess.), § 4; amended 2009, No. 54, § 59, eff. June 1, 2009; 2009, No. 154 (Adj. Sess.), § 55b; 2011, No. 73 (Adj. Sess.), § 9; 2015, No. 147 (Adj. Sess.), § 21; 2025, No. 64, § 4, eff. June 12, 2025.)