(a) The chair or vice-chair of the local board shall preside at the hearing. If neither
is available, the board shall elect a temporary chair.
(b) The presiding officer may conduct all or part of the hearing by telephone, television,
or other electronic means, if each participant in the hearing has an opportunity to
participate in, hear, and, if technically feasible, to see the entire proceeding as
it is taking place.
(c) The presiding officer shall cause the proceeding to be recorded. (Added 1993, No. 232 (Adj. Sess.), § 44, eff. March 15, 1995.)
In Re Dunnett, 776 A.2d 406 (Vt. 2001). “The environmental court determined that the board’s practice of simply keeping minutes of hearings as opposed to audio or video recordings did not satisfy the requirement that proceedings “be recorded” found in the Municipal Administrative Procedure Act, 24 V.S.A § 1205(c), the…”
Appeal of Walters (Decision & Order on Motions Regarding Transcript) (Vt. Super. Ct. 2004). · cites it 2ד" 24 V.S.A. § 1205. In the present state of technology, such proceedings could be recorded by audio tape or video tape; or onto a computer or recordable compact disk (CD) or digital video disk (DVD); or by a court reporter or stenographer.”
Goddard Coll. CU (Vt. Super. Ct. 2013). “For example, 24 V.S.A. § 1205(c) requires that, at a hearing before the appropriate board, the presiding officer “cause the proceeding to be recorded.”
P & R Assocs., LLC (Vt. Super. Ct. 2013). “Some of MAPA’s procedural protections include the recording of hearings (24 V.S.A. § 1205(c)) and the swearing in of witnesses 24 V.”
Sprague Farms, LLC (Vt. Super. Ct. 2008). “Because the Town had not made provisions to make an audio-taped or other record of the DRB proceedings that would be capable of being transcribed, as required by the Municipal Administrative Procedure Act, 24 V.S.A. § 1205(c), but instead relied on the meetings’ minutes, the…”
Appeal of Tepper (Vt. Super. Ct. 2006). “Thus, the DRB could not have violated the MAPA’s requirements that hearings be recorded, 24 V.S.A. § 1205(c), or that testimony be made under oath, 24 V.”
— Vt. Stat. Ann. tit. 24, § 1205(c) — 6 cases
In Re Dunnett, 776 A.2d 406 (Vt. 2001). “The environmental court determined that the board’s practice of simply keeping minutes of hearings as opposed to audio or video recordings did not satisfy the requirement that proceedings “be recorded” found in the Municipal Administrative Procedure Act, 24 V.S.A § 1205(c), the…”
Goddard Coll. CU (Vt. Super. Ct. 2013). “For example, 24 V.S.A. § 1205(c) requires that, at a hearing before the appropriate board, the presiding officer “cause the proceeding to be recorded.”
P & R Assocs., LLC (Vt. Super. Ct. 2013). “Some of MAPA’s procedural protections include the recording of hearings (24 V.S.A. § 1205(c)) and the swearing in of witnesses 24 V.”
Sprague Farms, LLC (Vt. Super. Ct. 2008). “Because the Town had not made provisions to make an audio-taped or other record of the DRB proceedings that would be capable of being transcribed, as required by the Municipal Administrative Procedure Act, 24 V.S.A. § 1205(c), but instead relied on the meetings’ minutes, the…”
Appeal of Tepper (Vt. Super. Ct. 2006). “Thus, the DRB could not have violated the MAPA’s requirements that hearings be recorded, 24 V.S.A. § 1205(c), or that testimony be made under oath, 24 V.”
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