§ 4454. Penalties

(a) Notwithstanding section 4502 of this title, the Commissioner may suspend a Vermont hunting, fishing, or trapping license and privileges to obtain such licenses of a person convicted of a wildlife violation in a state party to the Compact, provided that the wildlife violation would have been the basis for suspension of license privileges in Vermont.

(b) No person whose license, privilege, or right to hunt, fish, trap, possess, or transport wildlife, having been suspended or revoked pursuant to this chapter, shall be permitted to obtain a license to hunt, fish, or trap in Vermont.

(c) A person shall be subject to the financial penalties as set forth under section 4518 of this title if he or she:

(1) hunts, fishes, traps, possesses, or transports wildlife in Vermont in violation of a suspension or revocation of a license under chapter 108 of this title; or

(2) purchases or possesses a license to hunt, fish, trap, possess, or transport wildlife in Vermont in violation of a suspension of revocation of a license under chapter 108 of this title.

(d)(1) Prior to suspending a Vermont hunting, fishing, or trapping license of a resident of this State under subsection (a) of this section, the Commissioner shall notify the person in writing. A suspension shall be deemed effective:

(A) when given if notice is made in person; or

(B) three days after the deposit of notice in the U.S. mail, if notice is made in writing.

(2) A person receiving notice under subsection (a) of this section may, within 20 days of the date notice is given, request a hearing before the Commissioner on whether the requirements for suspension or penalty have been met. The requesting person may present evidence and arguments at the hearing only regarding whether:

(A) a participating state suspended the person's privileges;

(B) there was a conviction in the participating state;

(C) the person failed to comply with the terms of a citation issued for a wildlife violation in a participating state; or

(D) a conviction in a participating state could have led to a license suspension or penalty in Vermont.

(3) At the hearing, the Commissioner or a hearing officer designated by the Commissioner may:

(A) administer oaths;

(B) issue subpoenas for the attendance of witnesses; and

(C) admit all relevant evidence and documents, including notifications from participating states.

(4) Following a hearing under this subsection, the Commissioner or a designated hearing officer may, based on the evidence, affirm, modify, or rescind the suspension of a license.

(5) A decision of the Commissioner or hearing officer under this section shall not be appealable. (Added 2011, No. 108 (Adj. Sess.), § 1.)