The Vermont Statutes Online

Title 16 : Education

Chapter 051 : PROFESSIONAL EDUCATORS

• § 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.)