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The Vermont Statutes Online
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.)