Vermont § 6085 - Hearings; party status (a),

§ 6085. Hearings; party status (a),

• (b) [Repealed.] (c)(1) Party status. In proceedings before the District Commissions, the following persons shall be entitled
  to party status: (A) the applicant; (B) the landowner, if the applicant is not the landowner; (C) the municipality in which the project site is located, and the municipal and regional
  planning commissions for that municipality; if the project site is located on a boundary,
  any Vermont municipality adjacent to that border and the municipal and regional planning
  commissions for that municipality; and the solid waste management district in which
  the land is located, if the development or subdivision constitutes a facility pursuant
  to subdivision 6602(10) of this title; (D) any State agency affected by the proposed project; (E) any adjoining property owner or other person who has a particularized interest protected
  by this chapter that may be affected by an act or decision by a District Commission. (2) Content of petitions. All persons seeking to participate in proceedings before the District Commission as
  parties pursuant to subdivision (c)(1)(E) of this section must petition for party
  status. Any petition for party status may be made orally or in writing to the District
  Commission. All petitions must include: (A) A detailed statement of the petitioner’s interest under the relevant criteria of the
  proceeding, including, if known, whether the petitioner’s position is in support of
  or in opposition to the relief sought by the permit applicant, or petitioner. (B) In the case of an organization, a description of the organization, its purposes, and
  the nature of its membership. (C) A statement of the reasons the petitioner believes the District Commission should
  allow the petitioner party status in the pending proceeding. (D) In the case of a person seeking party status under subdivision (c)(1)(E) of this section: (i) If applicable, a description of the location of the petitioner’s property in relation
  to the proposed project, including a map, if available; (ii) A description of the potential effect of the proposed project upon the petitioner’s
  interest with respect to each of the relevant criteria or subcriteria under which
  party status is being requested. (3) Timeliness. A petition for party status pursuant to subdivision (c)(1)(E) of this section must
  be made at or prior to an initial prehearing conference held pursuant to Board rule
  or at the commencement of the hearing, whichever shall occur first, unless the District
  Commission directs otherwise. The District Commission may grant an untimely petition
  if it finds that the petitioner has demonstrated good cause for failure to request
  party status in a timely fashion, and that the late appearance will not unfairly delay
  the proceedings or place an unfair burden on the parties. (4) Conditions. Where a person has been granted party status pursuant to subdivision (c)(1)(E) of
  this section, the District Commission shall restrict the person’s participation to
  only those issues in which the person has demonstrated an interest, and may encourage
  the person to join with other persons with respect to representation, presentation
  of evidence, or other matters in the interest of promoting judicial efficiency. (5) Friends of the Commission. The District Commission, on its own motion or by petition, may allow nonparties to
  participate in any of its proceedings, without being accorded party status. Participation
  may be limited to the filing of memoranda, proposed findings of fact and conclusions
  of law, and argument on legal issues. However, if approved by the District Commission,
  participation may be expanded to include the provision of testimony, the filing of
  evidence, or the cross examination of witnesses. A petition for leave to participate
  as a friend of the Commission shall identify the interest of the petitioner and the
  desired scope of participation and shall state the reasons why the participation of
  the petitioner will be beneficial to the District Commission. Except where all parties
  consent or as otherwise ordered by the District Commission or by the Chair of the
  District Commission, all friends of the Commission shall file their memoranda, testimony,
  or evidence within the times allowed the parties. (6) Reexamination of party status. A District Commission shall reexamine party status determinations before the close
  of hearings and state the results of that reexamination in the District Commission
  decision. In the reexamination of party status coming before the close of District
  Commission hearings, persons having attained party status up to that point in the
  proceedings shall be presumed to retain party status. However, on motion of a party,
  or on its own motion, a Commission shall consider the extent to which parties continue
  to qualify for party status. Determinations made before the close of District Commission
  hearings shall supersede any preliminary determinations of party status. (d) If no hearing has been requested or ordered within the prescribed period, no hearing
  need be held by the District Commission. In such an event, a permit shall be granted
  or denied within 60 days of receipt; otherwise, it shall be deemed approved and a
  permit shall be issued. (e) The Land Use Review Board and any District Commission, acting through one or more
  duly authorized representatives at any prehearing conference or at any other times
  deemed appropriate by the Natural Resources Board or by the District Commission, shall
  promote expeditious, informal, and nonadversarial resolution of issues, require the
  timely exchange of information concerning the application, and encourage participants
  to settle differences. No District Commissioner who is participating as a decisionmaker
  in a particular case may act as a duly authorized representative for the purposes
  of this subsection. These efforts at dispute resolution shall not affect the burden
  of proof on issues before a Commission or the Environmental Division, nor shall they
  affect the requirement that a permit may be issued only after the issuance of affirmative
  findings under the criteria established in section 6086 of this title. (f) A hearing shall not be closed until a Commission provides an opportunity to all parties
  to respond to the last permit or evidence submitted. Once a hearing has been closed,
  a Commission shall conclude deliberations as soon as is reasonably practicable. A
  decision of a Commission shall be issued within 20 days of the completion of deliberations. (Added 1969, No. 250 (Adj. Sess.), §§ 10, 11, eff. April 4, 1970; amended 1973, No. 85, § 9; 1989, No. 234 (Adj. Sess.), § 3; 1993, No. 82, § 4; 1993, No. 232 (Adj. Sess.), §§ 30, 31, eff. March 15, 1995; 2003, No. 115 (Adj. Sess.), § 55, eff. Jan. 31, 2005; 2009, No. 154 (Adj. Sess.), § 236; 2013, No. 11, § 25.)