Rule 18 - Panel's Decision after Hearing(a)Decision. After the conclusion of the hearing, or the time necessary to expand the record, the panel will prepare a written decision setting forth its findings, conclusions, and recommendations on whether to certify the Applicant's good moral character and fitness.(b)Parties Served. The panel must serve its decision on the Applicant and Applicant's counsel, and file a copy with the Supreme Court. The decision must inform the Applicant of the right to appeal.(c)Right to Appeal; Supreme Court's Review. The Applicant has the right to appeal the decision to the Supreme Court. The Applicant's notice of appeal must be filed within 30 days of the date of the decision. Within 30 days of the date of the decision, the Court may also order review of the decision on its own motion. If the Applicant does not file a timely notice of appeal and the Court does not order review on its own motion, the panel decision will be final.(d)Supreme Court Review. The Court may take any action consistent with its constitutional authority. The Vermont Rules of Appellate Procedure apply to an appeal. If the Court orders review on its own motion, it will specify the issue(s) to be addressed by the parties. The Court may remand the decision to the Committee, with appropriate directions for an expanded record or additional findings, while retaining jurisdiction of the matter. The matter will be continued, pending the Court's receipt of the requested expanded record or additional findings.(e)Appeal Public Record. The notice of appeal and all subsequent proceedings are public.Effective 4/18/2016; amended February 7, 2022 eff. 4/11/2022.Board's Notes-2022 Amendment
Rule 18(c) is amended to require an applicant to file a notice of appeal within 30 days of the date of a decision rather than 30 days of date the decision was mailed. This reflects the practice of notifying applicants (via electronic means) of the panel's decision on the same day the decision issues.
Board's Notes
This rule is derived from portions of the prior rules § 11.
Minor changes from prior rules § 11 reflect the Committee's current practice.