In Re Bushey-Combs

The issue before the Court is whether the standard of review employed by the Human Services Board in conducting a “fair hearing” pursuant to 3 V.S.A. § 3091 is de novo or appellate in nature. Appellant Vermont Department of Social and Rehabilitation Services (SRS) contends that the Board erred in determining that its scope of review is de novo, and, after conducting its de novo review, the Board further erred in ordering SRS to expunge appellee’s records from its child abuse and neglect registry. We find that 3 V.S.A. § 3091 clearly contemplates the Board’s employing a de novo standard of…