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
:
BOARD OF MEDICAL PRACTICE
(Cite as: 26 V.S.A. § 1372)
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§ 1372. Hearing panel
(a) Composition of hearing panel.
(1) The Executive Director may designate a hearing panel constituting less than a quorum
of the Board to conduct hearings that would otherwise be heard by the full Board.
A hearing panel shall consist of at least three members, including at least one physician
member of the Board and at least one public member of the Board. No member of the
hearing panel shall have been a member of the investigative committee that reviewed
the matter at the investigative stage. A party may move to disqualify a member of
a hearing panel due to a conflict of interest.
(2) If there is an insufficient number of members to serve on a hearing panel by reason
of disqualification, resignation, vacancy, or necessary absence, the Commissioner
of Health may, at the request of the Board, appoint ad hoc members to serve on the
hearing panel for that matter only.
(b) Time and notice of hearing.
(1) The Executive Director or a hearing officer shall set a time for the evidentiary hearing
as soon as convenient following the determination by the investigative committee that
an evidentiary hearing is warranted, subject to the discovery needs of the parties
as established in any prehearing or discovery conference or in any orders regulating
discovery and depositions, or both, but no earlier than 30 days after service of the
charge upon the individual complained against. A party may file motions to extend
the time of the hearing for good cause.
(2) The Executive Director shall issue a notice of the evidentiary hearing on the charges,
which notice shall specify the time and place of the hearing and shall notify the
individual complained against that he or she may file with the Executive Director
a written response within 20 days of the date of service. The notice shall also notify
the individual complained against that a record of the proceeding will be kept, that
he or she will have the right to inspect and copy information as set forth in section
1371 of this chapter, and that he or she will have the opportunity to appear personally
and to have counsel present, with the right to produce witnesses and evidence on his
or her own behalf, to cross-examine witnesses testifying against him or her, and to
examine such documentary evidence as may be produced against him or her.
(c) Hearing panel report. Within 60 days after holding an evidentiary hearing under this section, unless the
Board grants an extension, the hearing panel shall provide a written report of its
findings of fact and its recommendations to the full Board, with a transcript of the
evidence. (Added 2019, No. 126 (Adj. Sess.), § 1.)