The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
002
:
CANNABIS CONTROL BOARD
(Cite as: 7 V.S.A. § 847)
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§ 847. Appeals
(a)(1) A party aggrieved by a final decision of the Board may, within 30 days of the decision,
appeal that decision by filing a notice of appeal with the Executive Director who
shall assign the case to an appellate officer.
(2)(A) The review shall be conducted on the basis of the record created before the Board.
(B) In cases of alleged irregularities in procedure before the Board not shown in the
record, proof on that issue may be taken by the appellate officer.
(b) The appellate officer shall not substitute his or her judgment for that of the Board
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 Board’s finding, inferences,
conclusions, or decisions are:
(1) in violation of constitutional or statutory provisions;
(2) in excess of the statutory authority of the Board;
(3) made upon unlawful procedure;
(4) affected by other error of law;
(5) clearly erroneous in view of the evidence on the record as a whole;
(6) arbitrary or capricious; or
(7) characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(c) A party aggrieved by a decision of the appellate officer may appeal to the Supreme
Court, which shall review the matter on the basis of the records created before the
Board.
(d) The Board shall have the authority to contract for the services of an appellate officer. (Added 2019, No. 164 (Adj. Sess.), § 2, eff. Oct. 7, 2020.)