The Vermont Statutes Online
SUPERVISION, INSPECTION, AND LICENSING OF DAIRY OPERATIONS
LICENSING AND INSPECTION
2722a. Hearings, and action upon applications
(a) Upon receipt
of an application for a milk handler's license the secretary shall examine it.
If the application is deficient the secretary shall so notify the applicant and
return the application together with one-half of the application fee within 30
days of the receipt of the application. If the application is not deficient,
the secretary shall publish notice of the application in one or more
publications of general circulation within the state's dairy community at the
applicant's expense. The secretary shall also publish notice of the handler's
application on the agency's website. An interested party shall have 14 calendar
days from the date of publication to request a hearing on the application. The
secretary shall grant a request for a hearing when an interested party can
demonstrate a reasonable belief that the applicant will not promote the general
good of the dairy industry and the consuming public pursuant to Vermont rule
20-021-001 adopted by the agency of agriculture, food and markets. Where such a
showing is made, a hearing shall be held within 60 days of receipt of the
request. In the absence of such a showing or where no request for a hearing is
received, the secretary may hold a hearing at his or her discretion.
(b) In the event
a hearing is convened, the hearing shall be held in central Vermont unless
requested by the applicant to be in the specific area where the applicant will
be located. Additional hearings may be held at the discretion of the secretary.
(c) In the case
of a renewal application, a hearing in the discretion of the secretary may be
held at Montpelier, or, in the discretion of the secretary, may be waived.
secretary shall act upon applications within 30 days of the hearing, or if the
hearing in the case of a renewal application has been waived, within 60 days of
receipt of the renewal application. If the secretary denies the license, he or
she shall set forth his or her reasons.
applicant whose application has been denied shall have the right to judicial
review of the secretary's decision in the superior court. The proceeding before
the superior court shall be de novo, and the applicant may demand trial by
jury. Appeals from the superior court may be taken to the Vermont supreme court
pursuant to the Vermont Rules of Appellate Procedure. (Added 1977, No. 159
(Adj. Sess.), § 3, eff. May 28, 1978; amended 1981, No. 237 (Adj. Sess.), eff.
May 4, 1982; 1987, No. 217 (Adj. Sess.), § 3; 1997, No. 161 (Adj. Sess.), § 3,
eff. Jan. 1, 1998; 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 39, § 1,
eff. May 19, 2011.)