§ 105. Hearing before Commissioner

(a) In the administration of the laws relating to motor vehicles and to the operators and the operation of motor vehicles, the Commissioner may conduct hearings, subpoena witnesses, administer oaths, and take testimony. He or she may also cause depositions to be taken and order the production of books, papers, and records relating to the matter under investigation. The fees for travel and attendance of witnesses and fees for officers shall be the same as for witnesses and officers before a court and shall be paid by the State upon presentation of proper bills of cost to the Commissioner of Finance and Management. The fees of witnesses summoned or used by the petitioner shall be paid by him or her. The Commissioner may appoint a hearing examiner to conduct hearings. At all hearings, conducted by either the Commissioner or a hearing examiner, an oath shall be administered.

(b) A person aggrieved by the decision of a hearing under subsection (a) of this section may have such decision reviewed by the Superior Court pursuant to Rule 74 of the Vermont Rules of Civil Procedure unless otherwise specifically provided by law.

(c) If a presuspension or prerevocation hearing is available by law, the written notice of suspension or revocation shall so state. Unless otherwise specifically provided by statute, a written request for a hearing must be received at the Department of Motor Vehicles within 15 days after the date of the notice or the right to a hearing is deemed to be waived. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1977, No. 260 (Adj. Sess.), § 1, eff. April 19, 1978; 1983, No. 195 (Adj. Sess.), § 5(b); 1991, No. 165 (Adj. Sess.), § 3; 1993, No. 212 (Adj. Sess.), § 5; 1999, No. 34, § 3; 2009, No. 154 (Adj. Sess.), § 238.)