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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 5009

Citation
§ 5009
Parent Document
In Re Soon Kwon, 2011 VT 26 (2011)
Jurisdiction
Vermont (state)
Effective Date
2011-02-23

Full Text

792 chars
¶ 22. Finally, landlord contends that several questions posed by the Board’s clerk to the witnesses during the hearing violated the legislative grant of authority to the Board. Nothing in the record, however, supports landlord’s contention that the Board “delegate[d] [its] substantive duties to the clerk” or that the clerk became a “substantive board member.” The record shows that the hearing was conducted by a hearing officer duly appointed by the Board, who thereafter issued and signed a written decision. There is no claim or evidence that the clerk, apart from asking a few questions at the hearing, participated in any manner in the deliberations of the hearing officer or the formulation of the officer’s findings, conclusions, and order. Accordingly, we find no error. Affirmed. *