Vermont § 15 - Administrative penalties

§ 15. Administrative penalties

• (a) In addition to other penalties provided by law, the Secretary may assess administrative
  penalties, not to exceed $5,000.00, for each violation of this title and Titles 9
  and 20, unless a higher administrative penalty amount is otherwise provided for in
  Title 9 or Title 20. (b) In determining the amount of the penalty to be assessed under this section, the Secretary
  may give consideration to one or more of the following: (1) the degree of actual and potential impact on public health, safety, and welfare resulting
  from the violation; (2) the presence of mitigating or aggravating circumstances; (3) whether the violator has been warned or found in violation of the same provisions
  of law in the past; (4) the economic benefit gained by the violation; (5) the deterrent effect of the penalty; or (6) the financial condition of the violator. (c) Each violation may be a separate and distinct offense and, in the case of a continuing
  violation, each day’s continuance may be deemed to be a separate and distinct offense.
  In no event shall the maximum amount of the penalty assessed under this section exceed
  $50,000.00. (d) In addition to the administrative penalties authorized by this section, the Secretary
  may recover the costs of investigation, which shall be credited to a special fund
  and shall be available to the Agency to offset these costs. (e) Any party aggrieved by a final decision of the Secretary may appeal de novo to the
  Superior Court within 30 days of the final decision of the Secretary. The Secretary
  may enforce a final administrative penalty by filing a civil collection action in
  any District or Superior Court. (Added 1989, No. 49, § 1; amended 1989, No. 183 (Adj. Sess.), § 2; 1991, No. 79, § 1a; 1991, No. 228 (Adj. Sess.), § 4; 1991, No. 261 (Adj. Sess.), § 5; 1995, No. 68 (Adj. Sess.), § 3; 1995, No. 128 (Adj. Sess.), § 2; 1997, No. 130 (Adj. Sess.), § 1; 1999, No. 49, § 102; 1999, No. 100 (Adj. Sess.), § 1, eff. May 5, 2000; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 45, eff. July 1, 2022; 2023, No. 6, § 35, eff. July 1, 2023; 2023, No. 42, § 6, eff. July 1, 2023.)