Inspection Manual (Motorcycle & Moped) - Vermont Department of ...

no event shall the maximum amount imposed for a continuing offense exceed
$1,000.00.
(c) The commissioner shall adopt rules establishing categories of violations for which
administrative penalties are to be imposed under this Section. Categories shall be
based on the severity of the violation involved. Penalties assessed for each
determination of violation of the inspection rules shall not exceed the following
amounts per category:
(1) Category 1. Violation of state law relative to inspection – $500.00
(2) Category 2. Violation of inspection rule (fraud related) – $300.00
(3) Category 3. Violation of inspection rule (improper action) – $250.00
(4) Category 4. Violation of inspection rule (records/equipment) – $100.00
(5) Category 5. Violation of inspection rule (documentation) – $50.00
(d) The alleged violator shall be given notice and opportunity for a hearing. Service of
the notice shall be sufficient if sent by first class mail to the station's address or the
most recent address provided by the mechanic. The notice shall include the
following:
(1) A factual description of the alleged violation.
(2) A reference to the particular statute allegedly violated.
(3) The amount of the proposed administrative penalty.
(4) A warning that the person will be deemed to have waived his or her right to a
hearing, that the penalty will be imposed if no hearing is requested within 15 days
from date of notice and that failure to pay a penalty may result in suspension of
his or her license.
(e) A person who receives notice under subsection (d) of this Section shall be deemed
to have waived the right to a hearing unless, within 15 days from date of the notice,
the person requests a hearing in writing. If the person waives the right to a hearing,
the commissioner shall issue a final order finding the person in default and imposing
the penalty.
(f) The provisions of Sections 105, 106 and 107 of this title shall apply to hearings
conducted under this Section.
(g) The commissioner may collect an unpaid administrative penalty by filing a civil action
in superior court, or through any other means available to state agencies.
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