The Vermont Statutes Online
647. Administrative penalties
secretary may assess administrative penalties, not to exceed $250.00 for each
offense, in any case he or she determines that a person has committed any of
the following violations:
(1) sold seed
products without paying the seed inspection fees for hundredweight or seed
registration under section 648 of this title;
(2) sold seed
products within the state of Vermont found deficient in guarantee analysis, and
labeling as defined by rule; or
(3) violated a
stop sale order.
determining the amount of the penalty assessed under this subsection, the
secretary shall consider the appropriateness of the penalty with respect to the
size of the business being penalized, the gravity of the violation, the good
faith of the person, and overall history of prior violations.
secretary shall use the following procedure in assessing penalties:
(1) a written
notice of violation shall be issued setting forth facts establishing probable
cause that a violation has occurred. The notice shall be served by personal
service or by certified mail, return receipt requested;
(2) the notice
shall advise the person of the right to a hearing before the secretary. If a
hearing is requested, it shall be conducted pursuant to 3 V.S.A. chapter 25;
(3) the notice
shall identify the proposed penalty and declare that the decision shall become
final and the penalty imposed if no hearing is requested; and
recipient of the notice shall have 15 days from the date on which notice is
received to request a hearing.
(d) Any party
aggrieved by the decision of the secretary after hearing may appeal to a
superior court within 30 days of the decision by the secretary.
secretary may enforce a final administrative penalty by filing a civil collection
action in any district or superior court. The secretary may, subject to the
provisions of 3 V.S.A. chapter 25, suspend or revoke the right to sell seed in
this state pursuant to this chapter for failure to pay a penalty within 60 days
after the penalty becomes final.
violation shall be a separate and distinct offense. In the case of a continuing
violation, each day's continuance shall be deemed a separate and distinct
offense. (Added 1989, No. 85, § 2; amended 2003, No. 42, § 2, eff. May 27,