§ 3693 - Judicial review - Vermont Statutes

§ 3693. Judicial review

(a) Any person aggrieved by any act, determination, rule, regulation, or order or any other action of the commissioner pursuant to this subchapter may appeal therefrom to the superior court. The court shall conduct its review without a jury and by trial de novo, except that if all parties, including the commissioner, so stipulate, the review shall be confined to the record. Portions of the record may be introduced by stipulation into evidence in a trial de novo as to those parties so stipulating.

(b) The filing of an appeal pursuant to this section shall stay the application of any such rule, regulation, order or other action of the commissioner to the appealing party unless the court, after giving such party notice and an opportunity to be heard, determines that such a stay would be detrimental to the interests of policyholders, shareholders, creditors or the public.

(c) Any person aggrieved by any failure of the commissioner to act or make a determination required by this subchapter may file a complaint in the superior court for an order directing the commissioner to act or make such determination forthwith. (Added 1971, No. 72, § 2; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)