§8012. Request for hearing

Link to law: http://legislature.vermont.gov/statutes/section/10/201/08012
Published: 2015

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Title

10

:
Conservation and Development






Chapter

201

:
ADMINISTRATIVE ENVIRONMENTAL LAW ENFORCEMENT






Subchapter

003
:
ENFORCEMENT










 

§

8012. Request for hearing

(a) A respondent

or the Attorney General may request a hearing on an order issued by the

Secretary. Notice of a request for hearing shall be filed with the

Environmental Division and the Secretary. Upon receipt of the notice, the

Secretary shall forward a copy of the order to the Environmental Division.

(b) The

Environmental Division shall have authority to:

(1) Determine

whether a violation has occurred. An order shall be reversed when it is

determined that a violation has not occurred.

(2) Affirm, or

vacate and remand to the Secretary an order issued under subdivision 8008(b)(5)

of this title. The Environmental Division shall vacate and remand an order

under this subdivision when a violation is found to exist but the procedure

contained in the order is insufficient to carry out the purposes of this

chapter.

(3) To affirm,

modify, or reverse any provision of any order issued by the Secretary except

those identified by subdivision (2) of this subsection. In deciding whether to

affirm or reverse a stop work order under this subdivision, the Environmental

Division shall consider the economic effect of the order on individuals other

than the respondent.

(4) To review

and determine anew the amount of a penalty by applying the criteria set forth

in subsections 8010(b) and (c) of this title.

(5) To affirm,

modify, or dissolve an emergency order.

(c) Notice of

the request for hearing shall be filed within 15 days of receipt of the order.

The hearing shall be held before the Environmental Division within 30 days of

receipt by the Division of the notice, unless continued for good cause. The

Environmental Division shall issue a written decision within 20 days of the

conclusion of the hearing, and no later than 60 days from the request for hearing,

unless the hearing process is extended for good cause. The decision shall be

sent to the parties by certified mail, return receipt requested, and shall

include:

(1) a statement

of conclusion as to whether a violation exists and findings of facts in support

of the conclusion;

(2)

identification of the applicable statute, rule, permit, assurance, or order;

(3) the order to

be imposed or penalty to be assessed, or both, if a violation is determined to

exist;

(4) a statement

that the respondent, the Secretary, and the Attorney General have a right to

appeal the decision, and a description of the procedures for requesting an

appeal; and

(5) a warning

that the decision will become final if no appeal is requested within 10 days of

the date the decision is received.

(d) Notice of a

request for hearing shall stay the order and payment of the penalty, if

imposed, pending the hearing. The Secretary may issue an emergency order with

regard to the alleged violation that is the subject of the hearing, if grounds

for such an order develop during the hearing process.

(e) Any claim a

person may have under a private right of action which is not determined in a

proceeding under this chapter shall be preserved. (Added 1989, No. 98, § 1;

amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2007, No. 191

(Adj. Sess.), § 6a; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 73 (Adj.

Sess.), § 2.)
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