Vermont Statutes Title 6 Sec. 485
Terms Used In Vermont Statutes Title 6 Sec. 485
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Dealer: means a person who annually buys, or otherwise acquires from another person, 1,000 gallons of maple syrup or more for purposes of packaging for resale or for resale in bulk. 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.
- Maple products: means only maple syrup, maple sugar, maple cream, or any other product in which the sugar content is entirely derived from pure maple sap and to which nothing has been added. See
- Person: means individuals, groups of individuals, partnerships, limited partnerships, corporations, companies, cooperatives, and associations. See
- Processor: means a person who annually buys, or otherwise acquires from another person, 2,500 gallons of maple syrup or more for purposes of packaging for resale, processing into associated products, or for resale in bulk. See
- Secretary: means the Secretary for the Vermont Agency of Agriculture, Food and Markets or his or her designee. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 485. Revocation or suspension of licenses; appeals
(a) The Secretary may suspend, revoke, or decline to grant a dealer or processor license for cause or for failure of the applicant to provide all information that the Secretary may reasonably request. Before declining to grant a license, or suspending or revoking a license, the Secretary shall give at least 10 days’ notice to the applicant or licensee by registered or certified mail addressed to the applicant’s last known address and afford the applicant an opportunity to appear and be heard with respect to the proposed action on the license at a time and place specified in the notice. The applicant or licensee may be heard in person or by an attorney and offer evidence pertinent to the subject of the hearing. Within 30 days after the hearing, the Secretary shall make findings of fact in writing and shall notify the applicant or licensee of the Secretary’s decision in writing.
(b) The applicant or licensee may appeal the decision to the Washington Superior Court or the Superior Court for the county where the applicant or licensee is doing business. Such an appeal shall be limited to questions of law and shall be governed by the Vermont Rules of Civil Procedure. The applicant shall file a statement of questions for the court’s review within 30 days of filing the notice of appeal.
(c) The decision of the Superior Court may be appealed to the Vermont Supreme Court.
(d) A dealer who has not been licensed, or whose license was suspended or revoked by the Secretary, shall not engage in the sale, barter, or exchange of any maple products within the State of Vermont for commercial purposes. (Added 1981, No. 235 (Adj. Sess.), § 1; amended 1991, No. 79, § 3; 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 68, eff. July 1, 2022.)