Vermont Statutes Title 10 Sec. 8013
Terms Used In Vermont Statutes Title 10 Sec. 8013
- Agency issuing the order: means the Secretary when the Secretary has issued an administrative or emergency administrative order under this chapter and the Board when the Board has issued such an order. See
- 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.
- Board: means the Natural Resources Board defined by subdivision 6001(1) of this title. See
- Environmental Division: means the Environmental Division of the Superior Court established by 4 V. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Respondent: means a person who has committed or is alleged to have committed a violation. See
- Secretary: means the Secretary of Natural Resources or the Secretary's duly authorized representative. See
§ 8013. Conduct of hearings; appeal; stay
(a) The agency issuing the order shall have the burden of proof by a preponderance of the evidence.
(b) Parties may be represented by counsel in hearings before the Environmental Division. The Agency of Natural Resources or the Board each may represent itself. A party may conduct cross-examination required for a full and true disclosure of the facts.
(c) An appeal from a decision of the Environmental Division may be taken by the Secretary, the Board, or the respondent to the Supreme Court. The Attorney General also may appeal if the Attorney General has appeared as a party.
(d) An appeal by a respondent or the Attorney General to the Supreme Court shall not stay an order, but shall stay payment of a penalty. A respondent may petition the Supreme Court for a stay of an order. (Added 1989, No. 98, § 1; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 73 (Adj. Sess.), § 3; 2013, No. 11, § 19.)