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Case Flow Description

This case flow description is an informal explanation of the Review Board’s Rules of Procedure. It is not an official supplement to the Board’s Rules of Procedure, but rather is a guide so that some of the principal provisions of those Rules may be more readily understood.

Case Flow Chart

  1. VOSHA Inspection
  2. VOSHA issues Citation within 6 months of inspection date.  See 21 V.S.A. §225(d).
  3. VOSHA may hold and/or Respondent can request an informal conference within 20 days of receipt of the citation.
  4. The parties (Complainant – Commissioner of Labor and Respondent – Employer) may agree to an informal settlement.
  5. If the Respondent wishes to contest the citation and/or penalty, they may do so through a Notice of Contest (NOC) within 20 days of the citation issuance.  See 21 V.S.A. § 226.
  6. VOSHA forwards the NOC to the VOSHA Review Board (VRB) along with the Citation and Notification of Penalty and any other pertinent information.  See VRB Rules of Procedure Rule 2200.33.
  7. There are two types of proceedings:  Conventional and Simplified. 
  8. Upon receipt of a case, the VRB Chairperson may assign a case as Simplified Proceedings depending on a number of factors listed in VRB Rules of Procedure Rule 2200.202.  Alternatively, VOSHA may request Simplified Proceedings within 21 days after the Docket Notice is received.  See VRB Rules of Procedure Rule 2200.203.
  9. If no objection is made to Simplified Proceedings, the Citation and Notification of Penalty and the NOC are used in lieu of the complaint and answer. 
  10. If Simplified Proceedings is not selected or is objected to, the case will move forward under Conventional Proceedings. 
  11. Under Conventional Proceedings, the Complainant must file the Complaint with the VRB within 21 days after the receipt of the NOC by VOSHA.  See VRB Rules of Procedure Rule 2200.34(a).
  12. The Respondent then must file an Answer to the Complaint within 21 days after receipt of the Complaint. See VRB Rules of Procedure Rule 2200.34(b).
  13. A Hearing Officer  is then appointed regardless of whether a case moves forward as Conventional or Simplified Proceedings. 
  14. Prehearing conferences are held with the Hearing Officer and the parties. 
  15. A hearing is held if the parties do not settle within a reasonable amount of time. 
  16. The Hearing Officer issues a Decision and serves it on the parties. 
  17. The Hearing Officer files the Decision Report for docketing with the Clerk within 11 days of the decision issuance date.  See VRB Rules of Procedure Rule 2200.90(b)
  18. Any party may Petition the VRB for Discretionary Review (appeal the decision) within 20 days of docketing of the Hearing Officer’s Decision.  See VRB Rules of Procedure Rule 2200.91(b)
  19. If the request is denied, then the Hearing Officer’s Decision becomes a Final Order of the Board 30 days after docketing.  See VRB Rules of Procedure Rule 2200.90(f) and 21 V.S.A. §226(d).
  20. Within the 30 days, any party may appeal the Final Order of the Review Board to Superior Court. See 21 V.S.A. §227(a).
  21. If the Petition for Discretionary Review is approved, then the same process is followed as a case Directed for Review as explained below.
  22. In addition to a Petition for Review from any party, a Hearing Officer’s Decision may also be Directed for Review by any Board Member.  See VRB Rules of Procedure Rules 2200.91(a) and 2200.92.
  23. The VRB ordinarily will request the parties to file briefs on the issues presented. See VRB Rules of Procedure Rules 2200.93.
  24. In addition, a party may request or the VRB may order oral argument in any matter directed for review before it.  See VRB Rules of Procedure Rules 2200.95.
  25. The VRB issues a Decision and serves it on the parties. 
  26. The VRB Decision becomes a Final Order of the Board 30 days after the Decision is issued. See 21 V.S.A. §226(a).
  27. Within the 30 days, any party may appeal the Final Order of the Review Board to Superior Court. See 21 V.S.A. §227(a).