§ 647 - Administrative penalties - Vermont Statutes

§ 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, 2003.)