In re Kelscot, Ltd.

I believe that 19 V.S.A. § 5 controls this dispute and, as a result, the jurisdiction nominally placed in the Commissioner of Motor Vehicles (Commissioner) was transferred to the Transportation Board (Board). My primary reason for reaching this conclusion is a 1986 amendment to the statutory authority of the Board, not mentioned or discussed by the majority.

Prior to July 1, 1986, the quasi-judicial powers of the Transportation Board were provided for in 3 V.S.A. § 3104.1 The Board had been created in 1975 to bring together in one place the quasi-judicial, policy-making and regulatory powers…