§ 1231 - Administrative penalties - Vermont Statutes

§ 1231. Administrative penalties

(a) The commissioner may impose an administrative penalty of not more than $500.00 for each violation against a designated inspection station or a certified inspection mechanic who violates the laws relating to the performance of periodic motor vehicle inspections or the official inspection manuals.

(b) Each violation is a separate and distinct offense and, in the case of a continuing violation, each day's continuance may be deemed a separate and distinct offense. In no event shall the maximum amount imposed for a continuing offense exceed $1,000.00.

(c) The commissioner shall adopt rules establishing categories of violations for which administrative penalties are to be imposed under this section. Categories shall be based on the severity of the violation involved. Penalties assessed for each determination of violation of the inspection rules shall not exceed the following amounts per category:

(1) Category 1. Violation of state law relative to inspection-$500.00.

(2) Category 2. Violation of inspection rule (fraud related)-$300.00.

(3) Category 3. Violation of inspection rule (improper action)-$250.00.

(4) Category 4. Violation of inspection rule (records/equipment)-$100.00.

(5) Category 5. Violation of inspection rule (documentation)-$50.00.

(d) The alleged violator shall be given notice and opportunity for a hearing. Service of the notice shall be sufficient if sent by first class mail to the station's address or the most recent address provided by the mechanic. The notice shall include the following:

(1) A factual description of the alleged violation.

(2) A reference to the particular statute allegedly violated.

(3) The amount of the proposed administrative penalty.

(4) A warning that the person will be deemed to have waived his or her right to a hearing, that the penalty will be imposed if no hearing is requested within 15 days from date of notice and that failure to pay a penalty may result in suspension of his or her license.

(e) A person who receives notice under subsection (d) of this section shall be deemed to have waived the right to a hearing unless, within 15 days from date of the notice, the person requests a hearing in writing. If the person waives the right to a hearing, the commissioner shall issue a final order finding the person in default and imposing the penalty.

(f) The provisions of sections 105, 106, and 107 of this title shall apply to hearings conducted under this section.

(g) The commissioner may collect an unpaid administrative penalty by filing a civil action in superior court, or through any other means available to state agencies.

(h) If a penalty is not paid within 60 days after it is imposed, the commissioner may suspend any license, certificate, registration or permit issued under this subchapter.

(i) The remedies authorized by this section shall be in addition to any other civil or criminal remedies provided by law for violation of this subchapter.

(j) Penalties assessed under this section shall be deposited in the transportation fund. (Added 1997, No. 155 (Adj. Sess.), § 66n, eff. Jan. 1, 1999.)