§4520a. Notice and hearing requirements

Link to law: http://legislature.vermont.gov/statutes/section/10/109/04520a
Published: 2015

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Title

10

:
Conservation and Development






Chapter

109

:
PENALTIES AND ENFORCEMENT






Subchapter

001
:
GENERAL PROVISIONS










 

§

4520a. Notice and hearing requirements

(a) The

commissioner shall use the following procedures in assessing the penalty under

section 4520 of this title: the attorney general or an alleged violator shall

be given an opportunity for a hearing after reasonable notice; and the notice

shall be served by personal service or by certified mail, return receipt

requested. The notice shall include:

(1) a statement

of the legal authority and jurisdiction under which the hearing is to be held;

(2) a statement

of the matter at issue, including reference to the particular statute allegedly

violated and a factual description of the alleged violation;

(3) the amount

of the proposed administrative penalty; and

(4) a warning

that the decision shall become final and the penalty imposed if no hearing is

requested within 15 days of receipt of the notice. The notice shall specify the

requirements which shall be met in order to avoid being deemed to have waived

the right to a hearing or the manner of payment if the person elects to pay the

penalty and waive a hearing.

(b) Any person

who receives notification pursuant to this section shall be deemed to have

waived the right to a hearing unless, within 15 days of the receipt of the

notice, the person requests a hearing in writing. If the person waives the

right to a hearing, the commissioner shall issue a final order finding the

person in default and imposing the penalty. A copy of the final default order

shall be sent to the violator by certified mail, return receipt requested.

(c) When an

alleged violator requests a hearing in a timely fashion, the commissioner shall

hold the hearing pursuant to 3 V.S.A. chapter 25. (Added 2011, No. 54, § 6.)
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