§ 2297b. Hearing by Environmental Division

(a) A respondent may request a hearing on a final order under this subchapter before the Environmental Division established under 4 Vt. Stat. Ann. chapter 27, which shall consider the matter de novo. Notice of a request for hearing shall be filed with the Environmental Division and the municipal clerk within ten days of receipt of the final order.

(b) Notice of a request for hearing before the Environmental Division shall stay the order and payment of the penalty, if imposed, pending the hearing.

(c) If the Environmental Division determines that a violation has not occurred, it shall reverse the order.

(d) The Environmental Division may affirm a directive in an order or, if it finds that the violation exists but the remedies contained in the order are not likely to achieve the intended result, it may modify or vacate and remand the directive.

(e) In determining whether to affirm, modify, or reverse an order for a civil penalty, the Environmental Division shall consider the factors set forth in subsection 2297a(a) of this title.

(f) If the respondent does not request a hearing on a final order within ten days of receipt of the order, the final order shall stand. (Added 1991, No. 108, § 2; amended 1993, No. 232 (Adj. Sess.), § 38, eff. March 15, 1995; 2009, No. 154 (Adj. Sess.), § 236.)