Hearings and judicial review (a) In any proceeding under this chapter for the issuance or modification of rules relating to control of by-products, source, and special nuclear materials; or for granting, suspending, revoking, or amending any license; or for determining compliance with or granting exemptions from rules of the Department, the Department shall hold a public hearing upon the request of any person whose interest may be affected by the proceeding and shall admit any such person as a party to the proceeding, subject to the emergency provisions in subsection (b) of this section. (b) Whenever the Department finds that an emergency exists requiring immediate action to protect the public health and safety, the Department may, without notice or hearing, issue an order reciting the existence of the emergency and requiring that such action be taken as is necessary to meet it. Notwithstanding any contrary provision of this chapter, the order shall be effective immediately. Any person to whom the order is directed shall comply with the order immediately, but on application to the Department shall be afforded a hearing within 10 days. rder shall be effective immediately. Any person to whom the order is directed shall comply with the order immediately, but on application to the Department shall be afforded a hearing within 10 days. On the basis of the hearing, the emergency order shall be continued, modified, or revoked within 10 days after the hearing. (c) Any final order entered in any proceeding under subsections (a) and (b) of this section shall be subject to judicial review in the Civil Division of the Superior Court. (Added 1967, No. 27, § 5; amended 1997, No. 161 (Adj. Sess.), § 11, eff. Jan. 1, 1998; 2015, No. 82 (Adj. Sess.), § 1; 2023, No. 6, § 122, eff. July 1, 2023.)
Vermont Legal Code