Any person aggrieved and directly affected by an order of the Commissioner may appeal
to the Supreme Court of Vermont, except as otherwise expressly provided in this title
or in 9 V.S.A. chapters 131 and 150. The filing of an appeal for review or injunctive
relief shall not stay enforcement of an order, but the Court may order a stay on such
terms as it deems proper. The Court may affirm the order of the Commissioner, may
direct him or her to take the action withheld, or may reverse or modify the order
if it:
(1) was issued pursuant to unconstitutional statutory provisions;
(2) was in excess of statutory authority;
(3) was issued on unlawful procedure; or
(4) is not supported by substantial evidence in the record. (Added 1999, No. 153 (Adj. Sess.), § 1, eff. Jan. 1, 2001; amended 2007, No. 49, § 20; eff. July 1, 2006.)
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 2002–2025 · leading case: In Re Cent. Vermont Med. Ctr., 816 A.2d 531 (Vt. 2002).
In Re Cent. Vermont Med. Ctr., 816 A.2d 531 (Vt. 2002). · cites it 4דOur standard of review on appeals from orders by the Commissioner is based on 8 V.S.A. § 16, which provides that we may disturb an order by the Commissioner if it: "(1) was issued pursuant to unconstitutional statutory provisions; (2) was in excess of statutory authority; (3)…”
Rutland Hosp v. Gmcb (Vt. Super. Ct. 2025). · cites it 6דStandard of Review This Court’s review of budget-enforcement orders issued pursuant to 18 V.S.A. § 9456(h)(2)(B) “shall be on the record as developed by the Board in the administrative proceeding and the standard of review shall be as provided in 8 V.”
In Re Rutland Reg'l Med. Ctr. Fiscal Year 2025, 2025 VT 49 (Vt. 2025). “Appeal shall be on the record as developed by the Board in the administrative proceeding and the standard of review shall be as provided in 8 V.S.A. § 16.”). The Legislature has since amended § 9456(h)(2)(B)(ii) to remove the provision directing hospitals to appeal to the…”
Vt. Stat. Ann. tit. 08, § 16(2): 1 case
In Re Cent. Vermont Med. Ctr., 816 A.2d 531 (Vt. 2002). “Our standard of review on appeals from orders by the Commissioner is based on 8 V.S.A. § 16, which provides that we may disturb an order by the Commissioner if it: "(1) was issued pursuant to unconstitutional statutory provisions; (2) was in excess of statutory authority; (3)…”
Vt. Stat. Ann. tit. 08, § 16(3): 1 case
Rutland Hosp v. Gmcb (Vt. Super. Ct. 2025). “Standard of Review This Court’s review of budget-enforcement orders issued pursuant to 18 V.S.A. § 9456(h)(2)(B) “shall be on the record as developed by the Board in the administrative proceeding and the standard of review shall be as provided in 8 V.”
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