§ 396.
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/vt/title-21/chapter-5/396A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 396. Appeals from Commissioner’s decisions
(a)Appeals to Superior Court. Any person aggrieved by a decision of the Commissioner may appeal to the Superior Court.
(b)Procedure. The Commissioner shall forward to the court the record of the decision on appeal. The court shall consider the record and any evidence presented; may approve or set aside the Commissioner’s decision in whole or in part, as justice may require; and may refer any matter or issue arising in the proceedings to the Commissioner for further consideration. In no case shall such an appeal operate as a stay unless the Commissioner or the court to which the appeal is taken so orders.
(c)Certifying record. The Commissioner may provide to the court the record by filing either the original papers or duly certified copies of them together with a certified statement of any other facts that show the grounds of the action appealed from.
(d)Hearing. The court may take evidence or may appoint a referee to take such evidence as it may direct. A referee that is appointed shall submit a report to the court of all evidence taken together with findings of fact.
(e)Costs. In any proceedings under this subchapter, the court may award any costs it determines to be equitable and just.
(f)Appeal; Supreme Court. The decision of the Superior Court may be appealed to the Supreme Court. (Amended 1971, No. 185 (Adj. Sess.), § 193, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3; 1997, No. 161 (Adj. Sess.), § 17, eff. Jan. 1, 1998; 2023, No. 85 (Adj. Sess.), § 93, eff. July 1, 2024.)