§ 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 or regulations promulgated 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 or regulations promulgated 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) he or she 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; and
(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.)