Sec. 22-7. Administrative civil penalties.
Sec. 22-7. Administrative civil penalties. (a) The Commissioner of Agriculture
may impose civil penalties for any violation of the provisions of this title. Civil penalties
established for each violation shall be of such amount as to insure immediate and continued compliance with applicable laws, regulations, orders and permits issued by the
commissioner pursuant to any provision of this title. Such penalties shall be a sum
determined by the commissioner which shall not exceed two thousand five hundred
dollars for each violation and two hundred fifty dollars for each day during which such
violation continues after receipt of a final order of the commissioner assessing the civil
penalty for such violation.
(b) In addition, in setting a civil penalty in a particular case, the commissioner shall
consider all factors which he deems relevant, including, but not limited to, the following:
(1) The amount of assessment necessary to insure immediate and continued compliance;
(2) The conduct of the person incurring the civil penalty in taking all feasible steps
or procedures necessary or appropriate to comply or to correct the violation;
(3) Any prior violations by such person of any statute, regulation, order or permit
administered, adopted or issued by the commissioner;
(4) The economic and financial conditions of such person;
(5) The character and degree of injury to, or interference with, public health, safety
or welfare which is caused or threatened to be caused by such violation;
(6) The character and degree of injury to, or interference with, reasonable use of
property which is caused or threatened to be caused by such violation;
(7) The character and degree of impact of the violation on the health, safety or
welfare of any domestic animal; and
(8) The character and degree of impact of the violation on any agricultural resource
especially any lands preserved by the state.
(c) If the commissioner has reason to believe that a violation has occurred for which
a civil penalty is authorized by this section, he may send to the violator, by certified
mail, return receipt requested, or personal service, a notice which shall include:
(1) A reference to the section of the statute, regulation, order or permit involved;
(2) A short and plain statement of the matters asserted or charged;
(3) A statement of the amount of the civil penalty or penalties to be imposed upon
finding after hearing that a violation has occurred or upon a default; and
(4) A statement of the party's right to a hearing.
(d) The person to whom the notice is addressed shall have twenty days from the
date of receipt of the notice in which to deliver to the commissioner written application
for a hearing. If a hearing is requested, the commissioner may issue a final order after
a hearing and, upon a finding that a violation has occurred, may assess a civil penalty
under this section which shall be no greater than the penalty stated in the notice. If a
hearing is not requested, or if a request for a hearing is later withdrawn, then the notice
shall become a final order of the commissioner on the first day after the expiration of
such twenty-day period or on the first day after the withdrawal of such request for
hearing, whichever is later, and the matters asserted or charged in the notice shall be
deemed admitted unless modified by a consent order, which shall become the final order.
Any such penalty may be mitigated by the commissioner upon such terms and conditions
as he deems proper or necessary upon consideration of the factors set forth in subsection
(b) of this section.
(e) All hearings under this section shall be conducted pursuant to sections 4-176e
to 4-184, inclusive. A final order of the commissioner assessing a civil penalty shall be
subject to appeal as set forth in section 4-183 except that any such appeal shall be taken
to the superior court for the judicial district of New Britain and shall have precedence
in the order of trial as provided in section 52-191. Such final order shall not be subject
to appeal under any other provision of the general statutes. No challenge to any final
order of the commissioner assessing a civil penalty shall be allowed as to any issue
which could have been raised by an appeal of an earlier order, notice, permit, denial or
other final decision by the commissioner. Any civil penalty authorized by this section
shall become due and payable (1) at the time of receipt of a final order in the case of a
civil penalty assessed in such order after a hearing, (2) on the first day after the expiration
of the period in which a hearing may be requested if no hearing is requested, or (3) on
the first day after any withdrawal of a request for hearing.
(f) Any person acting within the terms and conditions of a final order or permit
issued by the commissioner shall not be subject to a civil penalty under this section for
any actions which the commissioner finds were within the terms and conditions of such
final order or permit. Any person claiming to have acted within the terms and conditions
of a final order or permit shall have the burdens of production and persuasion on his
defense in any administrative hearing on a civil penalty held by the commissioner.
(1953, S. 1697d; P.A. 77-614, S. 313, 587, 610; P.A. 78-303, S. 85, 136; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2;
P.A. 92-255, S. 5, 8; P.A. 93-142, S. 4, 7, 8; 93-320, S. 5; P.A. 95-141, S. 1; 95-220, S. 4-6; P.A. 99-215, S. 24, 29; June
30 Sp. Sess. P.A. 03-6, S. 146(e); P.A. 04-189, S. 1.)
History: P.A. 77-614 and P.A. 78-303 deleted provisions re hearings on regulations, deposit of copies with board of
agriculture and board's privilege to revoke or suspend regulations which it finds do not conform with its policies, effective
January 1, 1979; P.A. 92-255 added new Subsecs. (b) to (j), inclusive, re administrative civil penalties for violations
of various statutes administered by the commissioner of agriculture (Revisor's note: P.A. 88-230 and 90-98 authorized
substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain" in general statutes and in public
or special acts of 1992, effective September 1, 1993); P.A. 93-142 changed the effective date of P.A. 88-230 from September
1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 93-320 amended Subsec. (b) to authorize a civil penalty for
violation of Sec. 22-203aa; P.A. 95-141 replaced former provisions re imposition of administrative civil penalties by the
commissioner, factors to be considered in setting such penalties, notice to violators, procedures for hearings and appeals
and exception for persons acting within the terms of an order or permit with new provisions; P.A. 95-220 changed the
effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 99-215 replaced
"judicial district of Hartford" with "judicial district of New Britain" in Subsec. (e), effective June 29, 1999; June 30
Sp. Sess. P.A. 03-6 replaced Commissioner of Agriculture with Commissioner of Agriculture and Consumer Protection,
effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the
Departments of Agriculture and Consumer Protection, effective June 1, 2004.
See chapter 54 re uniform administrative procedure.