§ 4520. Administrative penalties

(a) In addition to other penalties provided by law, the Commissioner may assess administrative penalties, not to exceed $1,000.00, for each violation of this part.

(b) In determining the amount of the penalty to be assessed under this section, the Commissioner may give consideration to one or more of the following:

(1) the degree of actual and potential impact on fish, game, public safety, or the environment resulting from the violation;

(2) the presence of mitigating or aggravating circumstances;

(3) whether the violator has been warned or found in violation of fish and wildlife law in the past;

(4) the economic benefit gained by the violation;

(5) the deterrent effect of the penalty;

(6) the financial condition of the violator.

(c) Each violation may be a separate and distinct offense and, in the case of a continuing violation, each day's continuance may be deemed to be a separate and distinct offense. In no event shall the maximum amount of the penalty assessed under this section exceed $25,000.00.

(d) In addition to the administrative penalties authorized by this section, the Commissioner may recover the costs of investigation, which shall be credited to a special fund and shall be available to the Department to offset these costs.

(e) Any party aggrieved by a final decision of the Commissioner under this section may appeal de novo to the Civil Division of the Superior Court of the county in which the violation occurred or the Civil Division of the Superior Court of Washington County within 30 days of the final decision of the Commissioner.

(f) The Commissioner may enforce a final administrative penalty by filing a civil collection action in the Civil Division of the Superior Court of any county.

(g) The Commissioner may, subject to 3 V.S.A. chapter 25, suspend any license or permit issued pursuant to his or her authority under this part for failure to pay a penalty under this section more than 60 days after the penalty was issued. (Added 2011, No. 54, § 6.)