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Terms Used In Vermont Statutes Title 21 Sec. 1349

  • 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 established by this chapter, or his or her authorized representative. See
  • Employer: includes :

  • 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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

§ 1349. Appeals to Board; Supreme Court appeal

Within 30 days after date thereof, an interested party may appeal from the decision of the referee to the Board, by filing a written request therefor in the manner prescribed by regulations of the Board. The appeal shall be heard by the Board after notice to the claimant and his or her last employer, within a reasonable time after notice of the appeal is filed, and the Board may affirm, modify, or reverse the decision of the referee solely on the basis of evidence in the record transferred to it by the referee, or upon the basis of evidence in the record and such additional evidence as it may direct to be taken. Upon motion made by the Commissioner, a review may be initiated by the Board of a decision of the referee or a benefit determination. The Board shall make its findings of fact and conclusions thereon. Prompt notice of the findings of fact, ruling of law, conclusions, and decision of the Board shall be given as hereinabove provided. The decision shall be final unless an appeal to the Supreme Court is taken. Testimony given at any hearing upon a disputed claim shall be recorded, but the record need not be transcribed unless ordered. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 11, eff. July 11, 1961; 1971, No. 185 (Adj. Sess.), § 196, eff. March 29, 1972; 1989, No. 8, § 8.)