Supreme Court of Vermont

Allen Rheaume v. Andrew A. Pallito

July 1, 2011190 Vt. 245

Summary

The court held that an inmate may seek de novo review under Rule 75 of a Department of Corrections decision designating him a high-risk sex offender. Because the record did not establish when petitioner received notice, the timeliness of his designation challenge could not be resolved on the pleadings and was remanded for factual determination. The court also held that programming requirements imposed after the designation are discretionary DOC decisions not reviewable under Rule 75.