State v. Skilling
In State v. Skilling, 157 Vt. 647, 595 A.2d 1346 (1991), the defendant's driver's license was suspended pursuant to 23 V.S.A. 1205.
On appeal, he argued, among other things, that the proceeding should have been dismissed because the court did not hold a hearing within the statutory time limit.
At that time, the time limit was contained in 23 V.S.A. 1205(e), which provided:
"Unless continued for good cause shown, the hearing shall be held not later than 30 days from the date the request for hearing is received by the commissioner." 1991, No. 55, 6.
In Skilling, the Court held that the thirty-day time limit contained in 23 V.S.A. 1205(e) was directory "because the statute did not specify any consequence for failure to comply." Id. at 648, 595 A.2d at 1347.