Vermont § 1111 - Administrative penalties

§ 1111. Administrative penalties

• (a) The Secretary may assess an administrative penalty, not to exceed $1,000.00 per violation
  for private applicators or certified private applicators or $5,000.00 per violation
  for certified noncommercial applicators, certified commercial applicators, licensed
  dealers, licensed companies, or permit holders, in any case in which he or she determines
  that an applicator, dealer, licensed company, or permit holder has done any of the
  following acts in violation of this chapter or of the rules adopted under this chapter: (1) sold pesticides without first obtaining the appropriate pesticide dealer license; (2) used pesticides without first obtaining the appropriate company license or applicator
  certificate; (3) used a pesticide inconsistent with its labeling or in violation of the rules for the
  control of pesticides; (4) failed to complete and submit a commercial applicator, company license, or pesticide
  dealer report; (5) violated a cease and desist order; (6) improperly disposed of pesticide products, dilutions, or rinsates; or (7) violated the terms or conditions of a permit issued pursuant to this chapter or pursuant
  to the rules adopted pursuant to this chapter. (b) In determining the amount of the penalty assessed under this section, the Secretary
  may give consideration to the appropriateness of the penalty with respect to the size
  of the business being assessed, the gravity of the violation, the good faith of the
  person, and the overall history of prior violations. (c) The Secretary shall use the following procedure in assessing penalties: (1) The Secretary shall issue a written notice of violation setting forth facts that would
  establish probable cause that a violation has occurred. (2) The notice shall be served by personal service or by certified mail, return receipt
  requested. (3) The notice shall advise the person of the right to a hearing. If a hearing is requested,
  it shall be conducted pursuant to 3 V.S.A. chapter 25. (4) The notice shall also state the proposed penalty and that if no hearing is requested,
  the decision shall become final and the penalty shall be imposed. (5) The recipient of the notice shall have 15 days from the date on which notice is received
  to request a hearing. (d) Any party aggrieved by a final decision of the Secretary may appeal to a 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. (e) The Secretary may, subject to the provisions of 3 V.S.A. chapter 25, suspend any license,
  certificate, or permit issued pursuant to this chapter for failure to pay a penalty
  under this section when that person has failed to pay the penalty within 60 days after
  the penalty becomes final. (Added 1987, No. 71, § 5; amended 1999, No. 49, § 118; 2003, No. 42, § 2, eff. May 27, 2003; 2017, No. 74, § 11; 2023, No. 6, § 51, eff. July 1, 2023.)