Vermont § 4996 - Appeals; enforcement

§ 4996. Appeals; enforcement

• (a) Any person subject, under this subchapter, to an administrative enforcement order,
  an administrative penalty, or revocation of a permit or certification who is aggrieved
  by a final decision of the Secretary may appeal to the Civil Division of Superior
  Court within 30 days of the decision. The Chief Superior judge may specially assign
  an Environmental judge to the Civil Division of Superior Court for the purpose of
  hearing an appeal. (b) If the Secretary issues an emergency order under this chapter, the person subject
  to the order may request a hearing before the Civil Division of Superior Court. Notice
  of the request for hearing under this subsection shall be filed with the Civil Division
  of Superior Court and the Secretary within five business days after receipt of the
  order. A hearing on the emergency order shall be held at the earliest possible time
  and shall take precedence over all other hearings. The hearing shall be held within
  five business days after receipt of the notice of the request for hearing. A request
  for hearing on an emergency order shall not stay the order. The Civil Division of
  the Superior Court shall issue a decision within five business days from the conclusion
  of the hearing and not later than 30 days from the date the notice of request for
  hearing was received by the person subject to the order. (c) The Civil Division of the Superior Court shall review appeals under this section on
  the record pursuant to Rule 74 of the Vermont Rules of Civil Procedure. (Added 2015, No. 64, § 17; amended 2017, No. 11, § 2; 2021, No. 105 (Adj. Sess.), § 148, eff. July 1, 2022.)