Vermont § 1910f - Rulemaking; guidance

§ 1910f. Rulemaking; guidance

• (a) Authority to adopt rules and guidance. (1) The Vermont Economic Progress Council may adopt rules that are reasonably necessary
  to implement this subchapter. (2) The Vermont Economic Progress Council shall issue guidance to implement this subchapter
  on or before November 15, 2025. Upon issuance, the Vermont Economic Progress Council
  shall publicly post and submit to the Senate Committees on Economic Development, Housing
  and General Affairs and on Finance and the House Committees on Commerce and Economic
  Development, on General and Housing, and on Ways and Means any guidance documents. (b) Authority to issue decisions. (1) The Secretary of Commerce and Community Development, after reasonable notice to a
  municipality and an opportunity for a hearing, may issue decisions to a municipality
  on questions and inquiries concerning the administration of housing infrastructure
  projects, statutes, rules, noncompliance with this subchapter, and any instances of
  noncompliance identified in audit reports conducted pursuant to section 1910e of this
  subchapter. (2) The Vermont Economic Progress Council shall prepare recommendations for the Secretary
  of Commerce and Community Development prior to any decision issued pursuant to this
  subsection. The Council may prepare recommendations in consultation with the Commissioner
  of Taxes, the Attorney General, and the State Treasurer. In preparing recommendations,
  the Council shall provide a municipality with a reasonable opportunity to submit written
  information in support of its position. (3) The Secretary of Commerce and Community Development shall review the recommendations
  of the Council and issue a final written decision on each matter within 60 days following
  receipt of the recommendations. The Secretary may permit an appeal to be taken by
  any party to a Superior Court for determination of questions of law in the same manner
  as the Supreme Court may by rule provide for appeals before final judgment from a
  Superior Court before issuing a final decision. (c) Remedy for noncompliance. If the Secretary issues a decision under subsection (b) of this section that includes
  a finding of noncompliance and that noncompliance has resulted in the improper reduction
  in the amount due the Education Fund, the Secretary, unless and until the Secretary
  is satisfied that there is no longer any such failure to comply, shall request that
  the State Treasurer bill the municipality for the total identified underpayment. The
  amount of the underpayment shall be due from the municipality upon receipt of the
  bill. If the municipality does not pay the underpayment amount within 60 days, the
  amount may be withheld from any funds otherwise payable by the State to the municipality
  or a school district in the municipality or of which the municipality is a member. (d) Referral; Attorney General. In lieu of or in addition to any action authorized in subsection (c) of this section,
  the Secretary of Commerce and Community Development or the State Treasurer may refer
  the matter to the Office of the Attorney General with a recommendation that an appropriate
  civil action be initiated. (e) Appeal; hearing officer. A hearing that is held pursuant to this section shall be subject to the provisions
  of 3 V.S.A. chapter 25 relating to contested cases. The hearing shall be conducted by the Secretary or by
  a hearing officer appointed by the Secretary. If a hearing is conducted by a hearing
  officer, the hearing officer shall have all authority to conduct the hearing that
  is provided for in the applicable contested case provisions of 3 V.S.A. chapter 25, including issuing findings of fact, hearing evidence, and compelling, by subpoena,
  the attendance and testimony of witnesses. (Added 2025, No. 69, § 20, eff. July 1, 2025.)