§ 569. Administrative penalties
(a) Except for violations set forth under subsection (b) of this section, the Secretary may assess an administrative penalty, not to exceed $1,000.00 per violation, for any violation of this chapter or rules adopted under this chapter, including:
(1) failure to provide the location of the land on which the grower grows hemp crops or the processor processes hemp crops into hemp products or hemp-infused products; or
(2) failing to obtain a registration in accordance with section 570 of this title.
(b) The Secretary may assess an administrative penalty, not to exceed $5,000.00 per violation in any case in which the Secretary determines that a grower or processor:
(1) failed to follow a corrective action plan to correct a negligent violation;
(2) has grown or processed hemp in violation of the requirements of this chapter or the rules adopted under this chapter three times in a five-year period; or
(3) has produced hemp in violation of the requirements of this chapter or the rules adopted under this chapter with a culpable mental state greater than negligence.
(c) 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 alleged to be in violation, and the overall compliance history of the person alleged to be in violation.
(d) The Secretary shall use the following procedure in assessing penalties:
(1) the Secretary shall issue a written notice of violation setting forth facts that would establish probable cause that a violation of this chapter or the rules adopted under this chapter has occurred;
(2) the notice required under subdivision (1) of this subsection shall comply with all of the following:
(A) The notice shall be served by personal service or by certified mail, return receipt requested.
(B) The notice shall advise the recipient of the right to a hearing. If a hearing is requested, the hearing shall be conducted pursuant to 3 V.S.A. chapter 25.
(C) The notice shall state the proposed penalty and shall advise the recipient that, if no hearing is requested, the decision of the Secretary shall become final and a penalty shall be imposed.
(D) The notice shall advise the recipient that they shall have 15 days from the date on which notice is received to request a hearing.
(e) 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. (Added 2019, No. 44, § 1, eff. May 30, 2019.)