§ 15 - Administrative penalties - Vermont Statutes

§ 15. Administrative penalties

(a) In addition to other penalties provided by law, the secretary may assess administrative penalties, not to exceed $1,000.00, for each violation of this title and Titles 9 and 20, unless a higher administrative penalty amount is provided for therein.

(b) In determining the amount of the penalty to be assessed under this section, the secretary may give consideration to one or more of the following:

(1) the degree of actual and potential impact on public health, safety and welfare resulting from the violation;

(2) the presence of mitigating or aggravating circumstances;

(3) whether the violator has been warned or found in violation of the same provisions of law in the past;

(4) the economic benefit gained by the violation;

(5) the deterrent effect of the penalty;

(6) the financial condition of the violator.

(c) Each violation may be a separate and distinct offense and, in the case of a continuing violation, each day's continuance may be deemed to be a separate and distinct offense. In no event shall the maximum amount of the penalty assessed under this section exceed $25,000.00.

(d) In addition to the administrative penalties authorized by this section, the secretary may recover the costs of investigation, which shall be credited to a special fund and shall be available to the agency to offset these costs.

(e) Any party aggrieved by a final decision of the secretary may appeal de novo to the superior court within 30 days of the final decision of the secretary. The secretary may enforce a final administrative penalty by filing a civil collection action in any district or superior court. (Added 1989, No. 49, § 1; amended 1989, No. 183 (Adj. Sess.), § 2; 1991, No. 79, § 1a; 1991, No. 228 (Adj. Sess.), § 4; No. 261 (Adj. Sess.), § 5; 1995, No. 68 (Adj. Sess.), § 3; No. 128 (Adj. Sess.), § 2; 1997, No. 130 (Adj. Sess.), § 1; 1999, No. 49, § 102; 1999, No. 100 (Adj. Sess.), § 1, eff. May 5, 2000; 2003, No. 42, § 2, eff. May 27, 2003.)