Vermont Statutes Title 6 Sec. 1037
Terms Used In Vermont Statutes Title 6 Sec. 1037
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
§ 1037. Administrative orders
The Secretary may issue appropriate orders and institute appropriate proceedings on behalf of the agency to enforce this chapter or any rules adopted under this chapter. Orders, including stop-sale orders, shall be in writing and include the reason for action; a description of the plant pest, plants, parts of plants, plant products, or regulated articles at issue; any instructions to separate the described items; any recommended treatment or action to prevent spread; and appeal rights. Stop-sale tags shall not be removed without the Secretary’s written permission or written determination for suitable disposal. Whenever the Secretary believes that any person is in violation of this chapter or rules adopted under this chapter, an action may be brought in a court of competent jurisdiction to restrain by temporary or permanent injunction the continuation or repetition of the violation. The court may issue temporary or permanent injunctions or other relief as may be necessary and appropriate for abatement of any violations. (Added 1995, No. 68 (Adj. Sess.), § 2; amended 2003, No. 42, § 2, eff. May 27, 2003; 2023, No. 73, § 21, eff. July 1, 2023.)