§ 13 - Assurances of discontinuance - Vermont Statutes

§ 13. Assurances of discontinuance

(a) As an alternative to judicial proceedings, the secretary may accept an assurance of discontinuance of any violation. An assurance of discontinuance may include, but need not be limited to:

(1) specific actions to be taken;

(2) abatement or mitigation schedules;

(3) payment of a civil penalty and the costs of investigation;

(4) payment of an amount to be held in escrow pending the outcome of an action, or as restitution to aggrieved persons.

(b) An assurance of discontinuance shall be in writing, and may by its terms be filed with the superior court having jurisdiction over the subject matter and become an order of the court. Evidence of a violation of an assurance of discontinuance shall be prima facie proof of the violation.

(c) Any violation of an assurance of discontinuance shall constitute a separate and distinct offense of the underlying regulatory program and shall be subject to the applicable general penalties for violations of the law under that program, in addition to any other applicable penalties.

(d) Costs of investigations collected under subsection (a) of this section shall be credited to a special fund and shall be available to the agency to offset these costs. (Added 1987, No. 277 (Adj. Sess.), § 4; amended 1991, No. 228 (Adj. Sess.), § 6; 1999, No. 49, § 101; 2003, No. 42, § 2, eff. May 27, 2003.)