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Terms Used In Vermont Statutes Title 23 Sec. 3023

  • 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 Motor Vehicles or any officer or employee of the Department duly authorized by him or her to perform the functions mentioned or described in this chapter. See
  • Person: includes any natural person, corporation, association, co-partnership, company, firm, or other aggregation of individuals. See
  • User: means any person who uses fuel to propel a motor vehicle, owned or operated by him or her, upon the highways of this State. See

§ 3023. Review of Commissioner‘s decision

(a) Any aggrieved licensed user or taxpayer may have any decision, order, or finding of the Commissioner made under this chapter reviewed under Rule 75 of the Vermont Rules of Civil Procedure. Such review shall be to the Washington Superior Court or, in the discretion of the appellant, to the Superior Court in the county where the licensed person has his or her principal place of business or residence. The hearing on the review shall be de novo.

(b) The appeal provided by this section shall be the exclusive remedy available to any licensed user or taxpayer for review of a decision of the Commissioner. (Added 1981, No. 172 (Adj. Sess.), § 1; amended 1985, No. 58, § 6.)