This Opinion is subject to motion for reargument or formal revision before publication. See V.R.A.P. 40
Motion to Vacate Denied October 20, 2014
On Appeal from Superior Court, Washington Unit, Civil Division. Robert R. Bent, J.
The judgment of the superior court is reversed. The judgment of the appellate officer is reinstated.
Gabriel M. Gilman, Montpelier, for Appellant.
David Shaddy, Pro Se, Kyburz, California, Appellee.
Present: Reiber, C.J., Dooley, Skoglund, Robinson and Crawford, JJ.
[¶1] This is an interlocutory appeal from a decision of the superior court, on appeal from a decision of an appellate officer, remanding this disciplinary case to the Board of Nursing to determine whether the Board intends that the case be continued.
The central question is whether an attorney for the Office of Professional Regulation (OPR) within the office of the Vermont Secretary of State has the power to appeal from a Board of Nursing decision vacating an earlier consent order suspending from practice appellee, David Shaddy. We conclude that the attorney had this power and reinstate the decision of the appellate officer.
[¶2] The underlying controversy resulted from a charge by Brattleboro Retreat, an in-patient mental health facility, that while working there as a nurse, Mr. Shaddy improperly took into his possession certain narcotic drugs. The charge and its consequences have been the subject of two earlier reported decisions from this Court. Shaddy v. Brattleboro Retreat, 2012 VT 67, 192 Vt. 215, 57 A.3d 700; Shaddy v. Dep't of Labor, 2009 VT 103, 186 Vt. 633, 987 A.2d 311 (mem.). This case started with a report from Brattleboro Retreat to the Board, stating its determination that Mr. Shaddy diverted the narcotics. In response, the Board director referred the case to an OPR attorney to bring a summary suspension proceeding and created an investigation team consisting of the OPR attorney, the Board director, and a Board member. The OPR attorney filed a charging ...