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Terms Used In Vermont Statutes Title 21 Sec. 1455

  • 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.
  • Commissioner: means the Commissioner of Labor established by this chapter, or his or her authorized representative. See
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Employer: includes :

§ 1455. Revocation

(a) The Commissioner may revoke approval of a plan for good cause. The revocation order shall be in writing and shall specify the date the revocation is effective and the reasons therefor.

(b) Good cause shall include violation of any criteria on which approval of the plan was based.

(c) Such action may be taken at any time by the Commissioner on his or her own motion. The Commissioner shall review the operation of each qualified employer plan at least once during the first three months that the plan is in effect to assure its compliance with the requirements of this subchapter. In addition, the Commissioner shall investigate any written complaint about the operation of the approved plan and determine in writing whether or not good cause exists for revocation. Such determination to investigate is not appealable.

(d) An employer may appeal a revocation decision by the Commissioner and such appeal shall be treated as a “contested case” under the Administrative Procedure Act. (Added 1985, No. 140 (Adj. Sess.), § 1.)