Vermont § 2722a - Hearings and action upon applications

§ 2722a. Hearings and action upon applications

• (a) Upon receipt of an application for a milk handler’s license the Secretary shall examine
  it. If the application is deficient the Secretary shall so notify the applicant and
  return the application together with one-half of the application fee within 30 days
  of the receipt of the application. If the application is not deficient, the Secretary
  shall publish notice of the application in one or more publications of general circulation
  within the State’s dairy community at the applicant’s expense. The Secretary shall
  also publish notice of the handler’s application on the Agency’s website. An interested
  party shall have 14 calendar days from the date of publication to request a hearing
  on the application. The Secretary shall grant a request for a hearing when an interested
  party can demonstrate a reasonable belief that the applicant will not promote the
  general good of the dairy industry and the consuming public pursuant to Vermont rule
  20-021-001 adopted by the Agency of Agriculture, Food and Markets. Where such a showing
  is made, a hearing shall be held within 60 days of receipt of the request. In the
  absence of such a showing or where no request for a hearing is received, the Secretary
  may hold a hearing at his or her discretion. (b) In the event a hearing is convened, the hearing shall be held in central Vermont unless
  requested by the applicant to be in the specific area where the applicant will be
  located. Additional hearings may be held at the discretion of the Secretary. (c) In the case of a renewal application, a hearing in the discretion of the Secretary
  may be held at Montpelier, or, in the discretion of the Secretary, may be waived. (d) The Secretary shall act upon applications within 30 days of the hearing, or if the
  hearing in the case of a renewal application has been waived, within 60 days of receipt
  of the renewal application. If the Secretary denies the license, he or she shall
  set forth his or her reasons. (e) Any applicant whose application has been denied shall have the right to judicial review
  of the Secretary’s decision in the Superior Court. The proceeding before the Superior
  Court shall be de novo, and the applicant may demand trial by jury. Appeals from the
  Superior Court may be taken to the Vermont Supreme Court pursuant to the Vermont Rules
  of Appellate Procedure. (Added 1977, No. 159 (Adj. Sess.), § 3, eff. May 28, 1978; amended 1981, No. 237 (Adj. Sess.), eff. May 4, 1982; 1987, No. 217 (Adj. Sess.), § 3; 1997, No. 161 (Adj. Sess.), § 3, eff. Jan. 1, 1998; 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 39, § 1, eff. May 19, 2011.)