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IN RE SMITH

No. 97-417.

730 A.2d 605 (1999)

In re Trudy J. SMITH.

Supreme Court of Vermont.

April 9, 1999.

Attorney(s) appearing for the Case

William H. Sorrell, Attorney General, and Eve Jacobs-Carnahan, Assistant Attorney General, Montpelier, for Appellant.

Paul Gillies of Tarrant, Marks & Gillies, Montpelier, for Appellee.

Present DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ., and CASHMAN, District Judge, Specially Assigned.

SKOGLUND, J.

The State appeals the Washington Superior Court's remand of the Board of Nursing's decision to suspend the nursing license of appellee, home-health nurse Trudy Smith. The superior court remanded the case, ordering the Board to apply a clear and convincing standard of proof, rather than preponderance of the evidence, and on remand to exclude from consideration hearsay evidence presented by the State in the suspension hearing. We reverse and reinstate the...

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