Vermont Statutes Title 5 Sec. 37
Terms Used In Vermont Statutes Title 5 Sec. 37
- 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.
- Board: means the Transportation Board. See
- 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.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
§ 37. Members; terms; retirement; appeal
(a) When a Board member who hears all or a substantial part of a case retires from office before the case is completed, that individual shall remain a member of the Board for the purpose of concluding and deciding the case and signing the findings, orders, decrees, and judgments of the case. A retiring chair shall also remain a member for the purpose of certifying questions of law if appeal is taken.
(b) A case shall be deemed completed when the Board enters a final order even though judicial review is sought pursuant to 19 V.S.A. § 5(c) or the case remanded to the Board. Upon remand, the Board then in office may consider relevant evidence, including any part of the transcript of testimony in the proceedings prior to appeal. (Added 1985, No. 222 (Adj. Sess.), § 1; amended 2021, No. 184 (Adj. Sess.), § 27, eff. July 1, 2022.)