(a) Availability of Review. Any action or failure or refusal to act by an agency of the state or a political subdivision thereof, including any department, board, commission, or officer, that is not reviewable or appealable under Rule 74 of these rules or Rule 4 or 5 of the Vermont Rules for Environmental Court Proceedings may be reviewed in accordance with this rule if such review is otherwise available by law. (b) Mode of Review. Proceedings under this rule shall, except as otherwise provided by statute, be governed by the Rules of Civil Procedure as modified by this rule. The complaint and summons shall be served upon the agency and all parties in accordance with the provisions of Rule 4. The complaint shall include a concise statement of the grounds upon which the plaintiff contends the plaintiff is entitled to relief, and shall demand the relief to which the plaintiff believes the plaintiff to be entitled. No responsive pleading need be filed unless required by statute or by order of the court. Leave to amend pleadings shall be freely given when necessary to permit a proceeding erroneously commenced under this rule to be carried on as an ordinary civil action. (c) Time Limits; Stay. The time within which review may be sought shall be as provided by statute, except that if no time limit is specified by statute, the complaint shall be filed within 30 days after notice of any action or refusal to act of which review is sought unless the court enlarges the time in accordance with Rule 6(b), and, in the event of a failure to act, within six months after expiration of the time in which action should reasonably have occurred. Except as otherwise provided by statute, the filing of the complaint does not stay any action of which review is sought, but the court may order a stay upon such terms and conditions as are just. (d) Trial or Hearing; Judgment. 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. The judgment of the court shall affirm, reverse, or modify the decision under review as provided by law. (e) Review by the Supreme Court. Unless by statute or otherwise the decision of the superior court is final, review by the Supreme Court shall be by appeal or report in accordance with the Rules of Appellate Procedure, and no other method of appellate review shall be permitted.
