§ 4874 - Penalties - Vermont Statutes

§ 4874. Penalties

(a) Any person, partnership, association, or corporation and the several members, officers, directors, agents, and employees thereof, who shall violate or participate in the violation of any of the provisions of this chapter, shall be imprisoned not more than two years or fined not more than $1,500.00, or both.

(b) The commissioner may impose an administrative penalty of not more than $1,500.00 per violation upon any person who violates any provision of this chapter, plus the state's costs and expenses for the investigation and prosecution of the matter, including attorney's fees.

(c) The commissioner may order any person to make restitution to any person as a result of a violation of this chapter. Additionally, a consumer may bring a private action against such licensee, or such person that should have been licensed under this chapter, for restitution because of a violation of this chapter.

(d) The powers vested in the commissioner by this chapter shall be in addition to any other powers of the commissioner to enforce any penalties, fines, or forfeitures authorized by law.

(e) The powers vested in the commissioner by this chapter shall be in addition to any other powers or rights of consumers or the attorney general or others under any other applicable law or rule, including without limitation the Vermont Consumer Fraud Act and any applicable rules issued in connection therewith, provided that the commissioner's determinations concerning the interpretation and administration of the provisions of this chapter and any rules adopted thereunder shall carry a presumption of validity. (Added 1969, No. 204 (Adj. Sess.), eff. March 23, 1970; amended 1995, No. 167 (Adj. Sess.), § 21; 2003, No. 81 (Adj. Sess.), § 1.)