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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 21 : Labor

Chapter 005 : EMPLOYMENT PRACTICES

Subchapter 003 : Minimum Wages

(Cite as: 21 V.S.A. § 396)
  • § 396. Appeals from Commissioner's decisions

    (a) Appeals to Superior Court wherein a civil action between the parties would be triable. Any person aggrieved by any decision of the Commissioner may appeal to the Superior Court.

    (b) Procedure. The court shall direct the record in the matter appealed from to be laid before it, hear the evidence, and make such order approving in whole or in part or setting aside in whole or in part the decision appealed from as justice may require, and may refer any matter or issue arising in the proceedings to the Commissioner for further consideration. However, in no case shall such an appeal operate as a supersedeas or stay unless the Commissioner or the court to which such appeal is taken shall so order.

    (c) Certifying record. An order of court to send up the record may be complied with by filing either the original papers or duly certified copies thereof, or of such portions thereof as the order may specify, together with a certified statement of such other facts as show the grounds of the action appealed from.

    (d) Hearing. The court may take evidence or may appoint a referee to take such evidence as it may direct and to report the same with findings of fact.

    (e) Costs. In any proceedings under this subchapter, the court may make such award of costs as may seem equitable and just.

    (f) Appeal, Supreme Court. Appeal from the decision of the Superior Court may be had to the Supreme Court. (Amended 1971, No. 185 (Adj. Sess.), § 193, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3; 1997, No. 161 (Adj. Sess.), § 17, eff. Jan. 1, 1998.)