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IN RE BUSHEY-COMBS

No. 91-393.

628 A.2d 541 (1993)

In re Tina BUSHEY-COMBS.

Supreme Court of Vermont.

Motion for Reargument Denied June 8, 1993.

Attorney(s) appearing for the Case

Jeffrey L. Amestoy, Atty. Gen., Montpelier, Michael O. Duane, Asst. Atty. Gen., and Keith Aten, Law Clerk (on the Brief), Waterbury, for defendant-appellant.

Wendy Morgan, Vermont Legal Aid, Inc., St. Johnsbury, for amicus curiae Vermont Low Income Advocacy Council.

Before ALLEN, C.J., GIBSON, DOOLEY and JOHNSON, JJ., and PECK, J. (Ret.), Specially Assigned.

JOHNSON, Justice.

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...

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