§ 909 - Appeal - Vermont Statutes

§ 909. Appeal

(a) A nursing home that feels aggrieved by a final order of the division may:

(1) have the right of direct appeal to the Vermont supreme court pursuant to the Vermont Rules of Civil Procedure and the Vermont Rules of Appellate Procedure under the same terms and conditions as if the appeal were taken to the supreme court from the superior court pursuant to the laws of Vermont; or

(2) have the right to appeal de novo to the superior court of the county where the nursing home facility is situated; or

(3) request a review by the secretary of human services. The secretary of human services shall designate an independent appeals officer who shall be a registered or certified public accountant. The appeals officer shall conduct appeal hearings and make findings of fact and recommendations to the secretary. The appeals officer shall have the power to subpoena witnesses and documents and administer oaths. A party aggrieved by a determination of the secretary may obtain judicial review under the provisions of subdivision (1) or (2) of this subsection.

(b) An appeal from any determination made under this chapter shall not be made under section 3091 of Title 3. (Added 1977, No. 204 (Adj. Sess.), § 1; amended 1995, No. 160 (Adj. Sess.), § 16.)