The Vermont Statutes Online
Conservation and Development
ADMINISTRATIVE ENVIRONMENTAL LAW 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.
Environmental Division shall have authority to:
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
(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
(1) a statement
of conclusion as to whether a violation exists and findings of facts in support
of the conclusion;
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
(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
(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.)