Vermont Statutes Title 21 Sec. 227
Terms Used In Vermont Statutes Title 21 Sec. 227
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- 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 or designee. See
- Employer: means a person, as hereinafter defined, who employs one or more persons. See
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means a natural person, corporation, partnership, trust, society, club, association, or other organization, including municipalities and the State and its instrumentalities. See
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Review Board: means the Occupational Safety and Health Review Board. See
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
§ 227. Judicial review
(a) Any person adversely affected or aggrieved by an order of the Review Board may appeal to any Superior Court for the county in which the violation is alleged to have occurred or where the employer has its principal office. The appeal shall be taken within 30 days following the issuance of such order. The court shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in such record a decree affirming, modifying, or setting aside in whole or in part, the order of the Review Board and enforcing the same to the extent that such order is affirmed or modified. The commencement of proceedings under this subsection shall not, unless ordered by the court, operate as a stay of the order of the Review Board. No objection that has not been urged before the Review Board shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. The findings of the Review Board with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. If any party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the hearing before the Review Board, the court may order such additional evidence to be taken before the Review Board and to be made a part of the record. The Review Board may modify its findings as to the facts, or make new findings, by reason of additional evidence so taken and filed, and it shall file such modified or new findings, which findings with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive, and its recommendations, if any, for the modification or setting aside of its original order. Upon the filing of the record with it, the jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to review by the Supreme Court. Judicial review under this subsection shall be considered expeditiously.
(b) The Commissioner may also obtain a review or enforcement of any final order of the Review Board by filing a petition for such relief in the Superior Court within the jurisdiction of which the alleged violation occurred or in which the employer has its principal office and the provisions of subsection (a) of this section shall govern such proceedings to the extent applicable. If judicial review is not sought within 30 days after service of the Review Board’s order, the Review Board’s findings of fact and order shall be conclusive in connection with any petition for enforcement which is filed by the Commissioner after the expiration of such 30-day period. In any such case, as well as in the case of a noncontested citation or notification by the Commissioner, which has become a final order of the Review Board, the clerk of the court, unless otherwise ordered by the court, shall forthwith enter a decree enforcing the order and shall transmit a copy of such court decree to the Commissioner and the employer named in the petition. In any contempt proceeding brought to enforce a court decree entered pursuant to this subsection or subsection (a) of this section, the court may assess the penalties provided in addition to invoking any other available remedies. (Added 1971, No. 205 (Adj. Sess.), § 1; amended 1973, No. 214 (Adj. Sess.), § 14; 1997, No. 161 (Adj. Sess.), § 16, eff. Jan. 1, 1998.)