2011 Vermont Code
Title 04 Judiciary
Chapter 29 JUDICIAL BUREAU
§ 1107 Appeals

§ 1107. Appeals

(a) A decision of the hearing officer may be appealed to the criminal division of the superior court, except for a decision in a proceeding under subdivision 1102(b)(17) of this title. The proceeding before the criminal division of the superior court shall be on the record, or at the option of the defendant, de novo. The defendant shall have the right to trial by jury. An appeal shall stay payment of a penalty and the imposition of points.

(b) A decision of the hearing officer in a proceeding under subdivision 1102(b)(17) of this title may be appealed to the environmental division of the superior court created under chapter 27 of this title. The proceedings before the environmental division shall be on the record. The defendant shall not have a right to a jury trial. An appeal shall stay the payment of a penalty.

(c) If a decision is appealed, the state's attorney of the county in which the violation occurred shall represent the state, and the state's attorney, grand juror, or municipal attorney shall represent the municipality. In an appeal to the environmental division of the superior court from a decision under subdivision 1102(b)(17) of this title, an attorney from the agency of natural resources or the natural resources board shall represent the state.

(d) No appeal as of right exists to the supreme court. On motion made to the supreme court by a party, the supreme court may allow an appeal to be taken to it from the criminal or environmental division of the superior court. (Added 1997, No. 121 (Adj. Sess.), { 4; amended 2005, No. 188 (Adj. Sess.), { 7; 2009, No. 54, { 60, eff. June 1, 2009; 2009, No. 154, §§ 236, 238.)