§ 836. Procedure for adoption of rules

(a) Except for emergency rules, rules shall be adopted by taking the following steps:

(1) prefiling, when required;

(2) filing the proposed rule;

(3) publishing the proposed rule;

(4) holding a public hearing and receiving comments;

(5) filing the final proposal;

(6) responding to the Legislative Committee on Administrative Rules when required; and

(7) filing the adopted rule.

(b) During the rulemaking process, the agency proposing the rule shall post on its website information concerning the proposal.

(1) The agency shall post the information on a separate page that is readily accessible from a prominent link on its main web page and that lists proposed rules by title and topic.

(2) For each rulemaking, the posted information shall include:

(A) The proposed rule as filed under section 838 of this title.

(B) The date by which comments may be submitted on the proposed rule and the address for such submission.

(C) The date and location of any public hearing.

(D) Each comment submitted to the agency on the proposed rule. The agency shall redact sensitive personal information from the posted comments. As used in this subdivision (D), "sensitive personal information" means each of the items listed in 9 V.S.A. § 2430(5)(A)(i)-(iv) and does not include the name, affiliation, and contact information of the commenter.

(E) The final proposed rule as filed under section 841 of this title.

(F) Each document submitted by the agency to the Legislative Committee on Administrative Rules.

(3) The agency shall maintain the information required by this subsection on its website until the earliest of the following dates: filing of a final adopted rule under section 843 of this title; withdrawal of the proposed rule; or expiration of the period for final adoption under subsection 843(c) of this title.

(4) If an agency is a board or commission exercising quasi-judicial functions and members of the public can access all of the information required by subdivision (2) of this subsection through the agency's online case-management system, this information need not also be posted on the agency's website. Instead, the list of proposed rules on the agency's website shall include the case number for each proposed rule and instructions for accessing all of the information about the proposed rule in the agency's online case-management system. (Added 1981, No. 82, § 6; amended 2017, No. 156 (Adj. Sess.), § 2.)