§647. Administrative penalties

Link to law: http://legislature.vermont.gov/statutes/section/06/035/00647
Published: 2015

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The Vermont Statutes Online











647. Administrative penalties

(a) The

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.

(b) In

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.

(c) The

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

(4) the

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.

(e) The

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.

(f) Each

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,