§ 13 - Powers and penalties - Vermont Statutes

§ 13. Powers and penalties

(a) In addition to any other penalties, and in order to enforce this title, chapters 131 and 150 of Title 9, Title 9A, and chapter 221 of Title 18, the commissioner may issue subpoenas, examine persons, administer oaths and require production of papers and records. Any subpoena or notice to produce may be served by registered or certified mail or in person by an agent of the commissioner. Service by registered or certified mail shall be effective three business days after mailing. Any subpoena or notice to produce shall provide at least six business days' time from service within which to comply, except that the commissioner may shorten the time for compliance for good cause shown. Any subpoena or notice to produce sent by registered or certified mail, postage prepaid, shall constitute service on the person to whom it is addressed. Each witness who appears before the commissioner under subpoena shall receive a fee and mileage as provided for witnesses in civil cases in superior courts; provided, however, any person subject to regulation under this title shall not be eligible to receive fees or mileage under this section.

(b) A person who fails or refuses to appear, to testify or to produce papers or records for examination before the commissioner, upon properly being ordered to do so, may be assessed an administrative penalty by the commissioner of banking, insurance, securities, and health care administration of not more than $2,000.00 for each day of noncompliance and proceeded against as provided in the Administrative Procedure Act, and that person's authority to do business may be suspended for not more than six months.

(c) If an appeal or other petition for judicial review of a final order is not filed in connection with an order of the commissioner under this title, or chapter 221 of Title 18, the commissioner may file a certified copy of the final order with the clerk of a court of competent jurisdiction. The order so filed has the same effect as a judgment of the court and may be recorded, enforced, or satisfied in the same manner as a judgment of the court. (Added 1999, No. 153 (Adj. Sess.), § 1, eff. Jan. 1, 2001; amended 2007, No. 49, § 19; eff. July 1, 2006; 2009, No. 42, § 4.)