Vermont § 8012 - Request for hearing

§ 8012. Request for hearing

• (a) A respondent or the Attorney General may request a hearing on an order issued by the
  Secretary. Notice of a request for hearing shall be filed with the Environmental Division
  and the Secretary. Upon receipt of the notice, the Secretary shall forward a copy
  of the order to the Environmental Division. (b) The Environmental Division shall have authority to: (1) Determine whether a violation has occurred. An order shall be reversed when it is
  determined that a violation has not occurred. (2) Affirm or vacate and remand to the Secretary an order issued under subdivision 8008(b)(5) of this title. The Environmental Division shall vacate and remand an order under this subdivision
  when a violation is found to exist but the procedure contained in the order is insufficient
  to carry out the purposes of this chapter. (3) Affirm, modify, or reverse any provision of any order issued by the Secretary except
  those identified by subdivision (2) of this subsection. In deciding whether to affirm
  or reverse a stop work order under this subdivision, the Environmental Division shall
  consider the economic effect of the order on individuals other than the respondent. (4) Review and determine anew the amount of a penalty by applying the criteria set forth
  in subsections 8010(b) and (c) of this title. (5) Affirm, modify, or dissolve an emergency order. (c) Notice of the request for hearing shall be filed within 15 days of receipt of the
  order. The hearing shall be held before the Environmental Division within 30 days
  of receipt by the Division of the notice, unless continued for good cause. The Environmental
  Division shall issue a written decision within 20 days of the conclusion of the hearing,
  and no later than 60 days from the request for hearing, unless the hearing process
  is extended for good cause. The decision shall be sent to the parties by certified
  mail, return receipt requested, and shall include: (1) a statement of conclusion as to whether a violation exists and findings of facts in
  support of the conclusion; (2) identification of the applicable statute, rule, permit, assurance, or order; (3) the order to be imposed or penalty to be assessed, or both, if a violation is determined
  to exist; (4) a statement that the respondent, the Secretary, and the Attorney General have a right
  to appeal the decision, and a description of the procedures for requesting an appeal;
  and (5) a warning that the decision will become final if no appeal is requested within 10
  days of the date the decision is received. (d) Notice of a request for hearing shall stay the order and payment of the penalty, if
  imposed, pending the hearing. The Secretary may issue an emergency order with regard
  to the alleged violation that is the subject of the hearing, if grounds for such an
  order develop during the hearing process. (e) Any claim a person may have under a private right of action that is not determined
  in a proceeding under this chapter shall be preserved. (Added 1989, No. 98, § 1; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2007, No. 191 (Adj. Sess.), § 6a; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 73 (Adj. Sess.), § 2.)