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Rule 74 – Appeals From Decisions of Governmental Agencies

May 14, 2021 | Civil Procedure, Vermont

(a)Applicability. Except as provided in the Vermont Rules for Environmental Court Proceedings:

(1) This rule shall apply whenever any party is entitled by statute to seek review of, or appeal from, the decision in a proceeding determined by any state board, commission, department or officer other than the legislature or courts.
(2) This rule shall also apply when any party is entitled by statute to seek review of, or appeal from, a decision in a proceeding determined by any other administrative officer or tribunal and the appeal or review is subject to procedure provided for state agencies covered by the Administrative Procedure Act (chapter 25 of Title 3 V.S.A.) or to procedure provided in this rule.
(b)Notice of Appeal; Appellee’s Appearance. An appeal or review under this rule shall be taken by filing with the clerk of the administrative body described in subdivision (a) or other appropriate officer a notice of appeal in the manner and within the time provided in Rules 3 and 4 of the Rules of Appellate Procedure. If a notice of appeal is mistakenly filed in the superior court, the clerk of the superior court shall note thereon the date on which it was received and shall promptly transmit it to the clerk of the administrative body or other appropriate officer, and it shall be deemed filed with the administrative body on the date so noted. Upon the filing of the notice of appeal, the clerk of the administrative body or other appropriate officer shall provide to the appellant a list of all interested parties, with instructions to serve a copy of the notice upon each of them as provided in Rule 3(b) of the Rules of Appellate Procedure. A copy of the notice shall thereupon be served by the appellant upon the clerk of the superior court and upon each of the interested parties in accordance with that rule. Each appellee shall cause that appellee’s appearance to be entered with the clerk of the superior court within 21 days after the service of the notice of appeal.
(c)Stay; Bond. Taking an appeal does not itself stay enforcement of the agency decision. If the agency does not grant a stay, the court after the filing of the notice of appeal, may, upon motion, stay the agency decision and make such other orders as are necessary to preserve the rights of the parties upon such terms and conditions as are just.
(d)Record on Appeal. The record on appeal shall consist of the original papers and exhibits enumerated in 3 V.S.A. ยง 809(e) or, in the case of a proceeding not subject to that section, all writings and exhibits in the agency proceeding; a transcript of any oral proceedings; and, where required by law, a statement of the questions which the appellant desires to have determined. No pleadings shall be required in the superior court. Within 30 days after the filing of the notice of appeal the clerk or other appropriate officer of the agency shall transmit the papers and exhibits filed to the clerk of the superior court in the manner provided in Rule 11(b) of the Rules of Appellate Procedure, and the appellant shall file a statement of questions, if required, with the clerk of the superior court and serve it upon all other parties in accordance with Rule 5. The appeal shall be docketed and the record deemed complete as provided in Rule 12 of the Rules of Appellate Procedure. Any party desiring a transcript of any portion of the proceedings to be included in the record on appeal shall notify all other parties thereof, shall procure such portion at that party’s own expense, and shall cause it to be filed with the clerk of the superior court within 30 days after the filing of the notice of appeal.
(e)Trial. Any question as to which there is a right to trial by jury shall be tried to a jury if one is demanded in accordance with Rule 38. Otherwise, all questions as to which by law review is available shall be tried to the court. Proceedings under this rule shall be ripe for listing on the hearing calendar in accordance with Rule 40(a) when the time for filing the record provided in subdivision (d) of this rule, and any extension thereof, have expired.
(f)Certificate of Decision. Unless otherwise provided by law, if no notice of appeal to the Supreme Court has been filed, the clerk shall, 35 days after the entry of judgment, certify the decision of the superior court to the agency, returning therewith any original document transmitted as part of the record on appeal.
(g)Rules of Civil Procedure To Apply. Except as modified by this rule, the Rules of Civil Procedure, so far as applicable, shall govern proceedings under this rule.
(h)Inconsistent Procedures Specified by Statute. Any procedure specified by statute which is inconsistent with that provided in this rule shall control to the extent of the inconsistency if that statute or the inconsistent part became effective after July 1, 1971, except that in all proceedings, the method of appeal or review shall be by notice of appeal.

Vt. R. Civ. P. 74

Amended Dec. 11, 1980, eff. Feb. 2, 1981; Feb. 17, 1995, eff. March 15, 1995; Feb. 22, 1996, eff. July 1, 1996; March 25, 2003, eff. July 1, 2003; Dec. 21, 2004, eff. Feb. 21, 2005; amended Sept. 20, 2017, eff. Jan. 1, 2018.

Reporter’s Notes-2018 Amendment

Rule 74(b) is amended to extend its 20-day time period to 21 days consistent with the simultaneous “day is a day” amendments to V.R.C.P. 6.