Vermont § 909 - Appeal

§ 909. Appeal

• (a) A nursing home that feels aggrieved by a final order of the Division may do any of
  the following: (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. (2) Have the right to appeal de novo to the Superior Court of the county where the nursing
  home facility is situated. (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 3 V.S.A. § 3091. (Added 1977, No. 204 (Adj. Sess.), § 1; amended 1995, No. 160 (Adj. Sess.), § 16; 2021, No. 20, § 282.)