§ 4176 - Appeal from board - Vermont Statutes

§ 4176. Appeal from board

(a)(1) The decision of the board shall be final unless a motion for reconsideration is filed within 30 days of the consumer's receipt of decision accompanied by new evidence. The board shall allow the opposing party to respond and may reconvene the hearing if deemed necessary. The decision shall then be final and shall not be modified or vacated unless, on appeal to the superior court a party to the arbitration proceeding proves, by clear and convincing evidence, that:

(A) the decision was procured by corruption, fraud or other undue means;

(B) there was evident partiality by the board or corruption or misconduct prejudicing the rights of any party by the board;

(C) the board exceeded its powers;

(D) the board refused to postpone a hearing after being shown sufficient cause to do so or refused to hear evidence material to the controversy or otherwise conducted the hearing contrary to the rules promulgated by the board so as to prejudice substantially the rights of a party.

(2) An application to vacate or modify a decision shall be made within 30 days after delivery of a copy of the final decision to the applicant except that if predicated upon corruption, fraud or other undue means, it may be made within 30 days after such grounds are known or should have been known. In the event a decision is confirmed, the party who prevails shall be awarded the attorney's fees incurred in obtaining confirmation of the decision together with all costs.

(b) When a judgment of the superior court affirms a decision of the board, permission of the presiding judge shall be required for review. Review may be conditioned upon the appellant paying appellee's appellate attorney's fees, giving security for costs, expenses and financial loss resulting from the passage of time for review. (Added 1983, No. 211 (Adj. Sess.), § 1; amended 1985, No. 260 (Adj. Sess.), § 5; 1999, No. 18, § 32, eff. May 13, 1999.)