Vermont Statutes Title 16 Sec. 1707
Terms Used In Vermont Statutes Title 16 Sec. 1707
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Hearing panel: means the persons assigned in individual cases to find facts, reach conclusions of law, and make decisions regarding compliance with standards for obtaining, retaining, and renewing licenses. See
- Office: means the office within the Agency responsible for professional standards and educator licensing. See
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
§ 1707. Appeal from panel order
(a)(1) A party aggrieved by a final decision of a hearing panel may, within 30 days after the decision, appeal that decision by filing a notice of appeal with the administrative officer of the hearing panel, who shall refer the case to the Director of the Office of Professional Regulation. The parties may agree to waive this review by written stipulation filed with the administrative officer of the hearing panel. The Director of the Office of Professional Regulation shall assign the case to an appellate officer, who shall conduct a review on the basis of the record created before the hearing panel and shall allow the presentation of evidence regarding alleged irregularities in hearing procedure not shown in the record.
(2) The appellate officer shall not substitute the appellate officer’s judgment for that of the hearing panel as to the weight of the evidence on questions of fact. The appellate officer may affirm the decision or may reverse and remand the matter with recommendations if substantial rights of the appellant have been prejudiced because the hearing panel’s finding, inferences, conclusions, or decisions are:
(A) in violation of constitutional or statutory provisions;
(B) in excess of the statutory authority of the hearing panel;
(C) made upon unlawful procedure;
(D) affected by other error of law;
(E) clearly erroneous in view of the evidence on the record as a whole;
(F) arbitrary or capricious; or
(G) characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(b) Following appeal or waiver of appeal, a party may appeal to the Supreme Court, which shall review the matter on the basis of the records created before the hearing panel and the appellate officer. (Added 2005, No. 214 (Adj. Sess.), § 2, eff. July 1, 2007; amended 2021, No. 69, § 13; 2021, No. 105 (Adj. Sess.), § 345, eff. July 1, 2022.)