Administrative Law Basics through Hot Topics

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Administrative Law,Basics through,Vermont Bar Association. Basic Skills in Vermont Practice and Procedure,By Kyle Landis Marinello Esq and Ryan Kane Esq. Who We Are, A brief introduction to your two administratively complete ly awesome presenters. What We re Covering, Overview of Various Type of Boards Hearings etc Kyle. Public Records Act Ryan,Doyle v City of Burlington Police Dept 2019 VT 66.
Rulemaking Kyle, Litigating rule challenges scope discovery and more. Local Proceedings Ryan,Contested Cases Kyle,Deference practical or the enemy of deliberation. Act 250 Hearings Ryan,Proposed changes to Act 250,Overview of. Administrative Bodies,in Vermont,You just purchased your dream property in. Vermont to start up the next big brewery,What approvals might you need.
Local Zoning Approval,Act 250 permit, Discharge permit from the Agency of Natural Resources. Administrative Bodies The Vermont Public Utility,Continued Commission PUC regulates all. utilities and energy production,What if you want to add solar panel to be. a net zero brewery,More Administrative,What if you decide to start serving food. beer and other malt vinous or,spirituous beverages.
Both approval from your local municipality and,A license from the Department for Liquor Control. Then you re good to go,Public Records Law,That all power being originally inherent. in and co n sequently derived from the,people therefore all officers of. government whether legislative or,executive are their trustees and. servants and at all times in a legal,way accountable to them.
Vt Const CH I art VI,We ll stop droning and do a hypothetical. Enjoy the voice acting skills of your presenters Ryan will be playing the role of. bob gmail com while Kyle will be responding on behalf of the Vermont Governor s Office. Vermont Public Records Act,1 V S A 315 et seq,Definitions What must Gov t do. Public agency or agency means any agency Must respond within 3 business days. board department commission committee, branch instrumentality or authority of the State or Unless within 3 days claims exemption in writing. any agency board committee department Or claims unusual circumstances which then allows for 10 business days. branch instrumentality commission or authority unusual circumstances means to the extent reasonably necessary to the. of any political subdivision of the State proper processing of the particular request. public record or public document means any A the need to search for and collect the requested records from field facilities. written or recorded information regardless of or other establishments that are separate from the office processing the. physical form or characteristics which is produced request. or acquired in the course of public agency B the need to search for collect and appropriately examine a voluminous. business Individual salaries and benefits of and amount of separate and distinct records that are demanded in a single. salary schedules relating to elected or appointed request or. officials and employees of public agencies shall C the need for consultation which shall be conducted with all practicable. not be exempt from public inspection and copying speed with another agency having a substantial interest in the determination. of the request or among two or more components of the agency having. substantial subject matter interest therein or with the Attorney General. Vermont Public Records Act,1 V S A 315 et seq,What can Gov t do Exemptions. 1 V S A 318 d a public agency shall 1 V S A 317 c 42 enumerated exemptions Includes. consult with the person making the request Records which by law are designated confidential or by a. in order to clarify the request or to obtain similar term Vt Leg Council has full list of sections in. additional information that will assist in Vermont Statutes that could be asserted as exemptions. responding to the request Includes 253 sections, In unusual circumstances as that term is Common one is Litigation Exemption 317 c 14.
relevant to litigation to which the public agency is a. defined a public agency may request that a party of record Wesco Inc v Sorrell 2004 VT 102. person seeking a voluminous amount of relevant does not mean relevant. separate and distinct records narrow the, Fun ones Information that would reveal the location of. scope of a public records request archaeological sites and underwater historic properties. Recover costs MAYBE But see Doyle v Records relating to the identity of library patrons. City of Burlington Police Dept 2019 VT 66,Vermont Public Records Act. 1 V S A 315 et seq, staff time physically duplicating a record 33 per minute after the first 30 minutes. For senior level staff time 57 per minute,other staff time 45 per minute. For photocopies 05 per single sided page 09 per double sided page. For color photocopies 1 00 per single sided page,For computer generated paper copies 02 per page.
For computer diskettes 28 each for 3 5 inch diskettes. 86 each for write once CD w case 2 31 each for re writable CD w case. For audio tapes 81 each,For video tapes 1 69 each, 2 00 each for write once DVD w case 4 00 each for re writable DVD w case. Inspection vs Copy What costs,can be charged, Doyle v City of Burlington Police Dept 2019 VT 66 we conclude that state. agencies may not charge for staff time spent responding to requests to inspect. public records pursuant to the PRA This includes attorney review time time. redacting confidential information etc, Dissenting opinion To the extent the redacted copy cannot be considered a. new record because it does not contain any additional information beyond that. contained in the original record it then must be considered a copy a redacted. copy of the original record for which the cost of staff time beyond thirty. minutes is collectible under 316 c 1 It has to be one or the other The. answer cannot be that no reimbursement for staff time is available because. the requester did not seek a personal copy of the record It makes no sense. for the Legislature to authorize reimbursement for staff time reviewing. redacting and producing records for which a copy is sought but not for the. exact same work when a person seeks only to inspect a redacted copy. Doyle Discussion Continued, What do people think Vote in the chat whether you think the. majority opinion got it right or the minority opinion. How can both opinions claim that the statute is clear an. unambiguous on its face, What is the proper balance between openness keeping in mind.
the VT Constitutional provision and not overly burdening. Administrative Law Basics through Vermont Bar Association Basic Skills in Vermont Practice and Procedure By Kyle Landis Marinello Esq and Ryan Kane Esq Who We Are 2 A brief introduction to your two administratively complete ly awesome presenters What We re Covering Overview of Various Type of Boards Hearings etc Kyle Public Records Act Ryan Doyle v City of

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