§ 37. Members; terms; retirement; appeal
(a) When a Board member who hears all or a substantial part of a case retires from office before the case is completed, that individual shall remain a member of the Board for the purpose of concluding and deciding the case and signing the findings, orders, decrees, and judgments of the case. A retiring chair shall also remain a member for the purpose of certifying questions of law if appeal is taken.
(b) A case shall be deemed completed when the Board enters a final order even though judicial review is sought pursuant to 19 V.S.A. § 5(c) or the case remanded to the Board. Upon remand, the Board then in office may consider relevant evidence, including any part of the transcript of testimony in the proceedings prior to appeal. (Added 1985, No. 222 (Adj. Sess.), § 1; amended 2021, No. 184 (Adj. Sess.), § 27, eff. July 1, 2022.)
Structure Vermont Statutes
Title 5 - Aeronautics and Surface Transportation
Chapter 3 - Proceedings by the Board; Judicial Review
§ 31. Commencement of proceedings
§ 32. Production and examination of books; witnesses
§ 34. Refusal to show books; false oath; penalties
§ 37. Members; terms; retirement; appeal
§ 38. Fees of witnesses; duties of Executive Secretary; duties of Secretary of Agency
§ 39. Joint hearings and investigations
§ 40. Pleadings; rules of practice; findings of fact
§ 41. Decree of Transportation Board; enforcement
§ 44. Powers of the Supreme Court