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The Vermont Statutes Online



Title

09

:
Commerce and Trade






Chapter

115

:
NEW MOTOR VEHICLE ARBITRATION











 

§

4176. Appeal from Board

(a)(1) The

decision of the Board shall be final unless a motion for reconsideration is

filed within 30 days of the consumer's receipt of decision accompanied by new

evidence. The Board shall allow the opposing party to respond and may reconvene

the hearing if deemed necessary. The decision shall then be final and shall not

be modified or vacated unless, on appeal to the Superior Court a party to the

arbitration proceeding proves, by clear and convincing evidence, that:

(A) the decision

was procured by corruption, fraud, or other undue means;

(B) there was

evident partiality by the Board or corruption or misconduct prejudicing the

rights of any party by the Board; or

(C) the Board

exceeded its powers;

(D) the Board

refused to postpone a hearing after being shown sufficient cause to do so or

refused to hear evidence material to the controversy or otherwise conducted the

hearing contrary to the rules promulgated by the Board so as to prejudice

substantially the rights of a party.

(2) An

application to vacate or modify a decision shall be made within 30 days after

delivery of a copy of the final decision to the applicant except that if

predicated upon corruption, fraud, or other undue means, it may be made within

30 days after such grounds are known or should have been known. In the event a

decision is confirmed, the party who prevails shall be awarded the attorney's

fees incurred in obtaining confirmation of the decision together with all

costs.

(b) When a

judgment of the Superior Court affirms a decision of the Board, permission of

the presiding judge shall be required for review. Review may be conditioned

upon the appellant paying appellee's appellate attorney's fees, giving security

for costs, expenses, and financial loss resulting from the passage of time for

review. (Added 1983, No. 211 (Adj. Sess.), § 1; amended 1985, No. 260 (Adj.

Sess.), § 5; 1999, No. 18, § 32, eff. May 13, 1999.)