Vermont Statutes Annotated

Vt. Stat. Ann. tit. 21, § 1332 (2026)

✓ current as of May 2026

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Subchapter 001 : GENERAL BENEFITS

(Cite as: 21 V.S.A. § 1332)

§ 1332. Review by Board; Supreme Court appeal

(a) The Board, upon an application filed or on its own motion, within the time specified in section 1331 of this subchapter, shall, on notice to interested parties, review the decision of the referee.

(b) Before rendering its decision, the Board may order the taking of additional evidence by the referee or, in its discretion, the Board may hear additional evidence to be made a part of the record in the case.

(c) Upon the basis of evidence previously submitted in the case and any additional evidence the Board may take or direct to be taken, the Board may affirm, modify, or reverse the findings and conclusions of the referee and shall render its decision.

(d) The parties shall be promptly notified electronically or by ordinary or certified mail of the findings of fact, conclusions, and decision of the Board. The decision of the Board shall be final unless it is appealed to the Supreme Court. (Amended 1959, No. 329 (Adj. Sess.), § 22, eff. March 1, 1961; 1961, No. 210, § 9, eff. July 11, 1961; 1971, No. 185 (Adj. Sess.), § 195, eff. March 29, 1972; 1989, No. 8, § 3; 1991, No. 82, § 4; 2023, No. 85 (Adj. Sess.), § 190, eff. July 1, 2024; 2025, No. 40, § 14, eff. July 1, 2025.)

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1970–2024 · leading case: 863 To Go, Inc. v. Dep't of Labor, 2014 VT 61 (Vt. 2014).

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863 To Go, Inc. v. Dep't of Labor, 2014 VT 61 (Vt. 2014). “A factual hearing was held before an administrative law judge in the Office of Administrative Hearings at the Department of Labor. The judge ruled in favor of the Department.”

Davis v. Dep't of Emp. Sec., 438 A.2d 375 (Vt. 1981). “The Employment Security Board has the option at all times of deciding a matter on the record of the evidence heard by the referee, or of supplementing that record by hearing further evidence on its own, 21 V.S.A. §§ 1332, 1349. *276 The findings of the Board are to be affirmed…”

In Re Moore, 269 A.2d 853 (Vt. 1970). “The Board reviewed the findings and decision of the referee, held a further hearing, took additional evidence, and subsequently made findings of fact and rendered its decision according to the mandate of 21 V.S.A. § 1332. It was for the Board to determine under 21 V.”

In re Bourbeau Custom Homes, Inc., 171 A.3d 40 (Vt. 2017). “Overall, the ALJ decided that Bourbeau failed to meet its burden in meeting this part of the test for Parent, Phillips, Putzier, and Simon. Because Bourbeau did not satisfy all three parts for any of the workers, the ALJ concluded that the five workers were employees.”

In re Cadieux, 285 A.2d 738 (Vt. 1971). “Cadieux, by his attorney, filed a request for a review of the findings and decision of the referee under the provisions of 21 V.S.A. § 1332. The Employment Security Board took additional evidence and heard oral argument.”

Pfenning v. Dep't of Emp. & Training, 522 A.2d 743 (Vt. 1986). ““The Employment Security Board has the option at all times of deciding a matter on the record of the evidence heard by the referee, or of supplementing that record by hearing further evidence on its own, 21 V.S.A. §§ 1332, 1349.” Davis v. Department of Employment Security, 140…”

eo23-281_0.pdf (Vt. 2024). · cites it 2× “See 21 V.S.A. § 1332 (providing that Board may modify ALJ’s findings and conclusions “[u]pon the basis of evidence previously submitted in the case”).”

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