2011 Vermont Code
Title 06 Agriculture
Chapter 1 GENERAL POWERS; SECRETARY OF AGRICULTURE, FOOD AND
§ 16 Notice and fair hearing requirements

§ 16. Notice and fair hearing requirements

(a) The secretary shall use the following procedures in assessing the penalty under section 15 of this title: the alleged violator shall be given an opportunity for hearing after reasonable notice and; the notice shall be served by personal service or by certified mail, return receipt requested. The notice shall include

(1) a statement of the legal authority and jurisdiction under which the hearing is to be held;

(2) a statement of the matter at issue, including reference to the particular statute allegedly violated and a factual description of the alleged violation;

(3) the amount of the proposed administrative penalty; and

(4) a warning that the decision shall become final and the penalty imposed if no hearing is requested within 15 days of receipt of the notice. The notice shall specify the requirements which must be met in order to avoid being deemed to have waived the right to a hearing, or the manner of payment if the person elects to pay the penalty and waive a hearing.

(b) Any person who receives notification pursuant to this section shall be deemed to have waived the right to a hearing unless, within 15 days of the receipt of the notice, the person requests a hearing in writing. If the person waives the right to a hearing, the secretary shall issue a final order finding the person in default and imposing the penalty. A copy of the final default order shall be sent to the violator by certified mail, return receipt requested.

(c) When an alleged violator requests a hearing in a timely fashion, the secretary shall hold the hearing pursuant to 3 V.S.A. chapter 25. (Added 1989, No. 49, { 2; amended 2003, No. 42, { 2, eff. May 27, 2003.)