Vermont Statutes Title 26 Sec. 897
Terms Used In Vermont Statutes Title 26 Sec. 897
- Commissioner: means the Commissioner of Public Safety. 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.
- 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
§ 897. Administrative penalties; enforcement; liability
(a) The Commissioner may, after notice and an opportunity for a hearing, assess an administrative penalty of not more than $1,000.00 for each violation against a person who violates any rule adopted under this subchapter, or any order lawfully issued under this subchapter. Penalties assessed under this section shall be based on the severity of the violation according to rules adopted by the Commissioner.
(b) The Superior Court for the county in which occurs a violation of any rule adopted or any order lawfully issued under this subchapter, on application by the Commissioner shall have jurisdiction to issue an order enjoining or restraining such violation. However, an election by the Commissioner to proceed under this subsection shall not limit or restrict the Commissioner’s authority to assess an administrative penalty under subsection (a) of this section.
(c) Violation of any rule adopted under this subchapter shall be prima facie evidence of negligence in any civil action for damage or injury that is the result of the violation. (Added 1969, No. 284 (Adj. Sess.), § 3; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1987, No. 274 (Adj. Sess.), § 9.)