Peg,

There is nothing that expressly precludes a BCA member from voting in the
situation you describe.  My advice to members of the BCA, however, would be
that they not particpate in the decision if they did not hear all the
evidence.

The state's administrative procedure act does allow decision-makers the
opportunity to participate in decisions when they have not heard the case or
even read the record of the case, providing that all parties are served with
a proposal for decision and given an opportunity  to file exceptions and
present briefs and oral arguements to the body prior to the decision.
However, this law does not expressly apply to local boards and commissions.
3 V.S.A. section 811.

                           Mary Jane Grace
                           Property Valuation and Review Division
                           Vermont Dept. of Taxes
                                 Ph. 802-828-5863
                             [log in to unmask]


-----Original Message-----
From: Peg Picard <[log in to unmask]>
To: [log in to unmask] <[log in to unmask]>
Date: Wednesday, August 11, 1999 9:49 AM
Subject: bca appeal


>I have a question for Mary Jane Grace regarding bca appeals: Can a BCA
>member vote  to accept the recommendation of the inspection committee, if
>the BCA member was not present when the appellant presented their case?
>Peg Picard, City Clerk, So Burlington