reglab/housing_qa huggingface dataset:
10 V.S.A. § 4509
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 109 - Penalties and Enforcement|§ 4509. Proceeds; accounting; liens

§ 4509. Proceeds; accounting; liens|The Commissioner shall make return in writing to the court issuing such order of sale and shall transmit to the court therewith from the proceeds of such sale all costs of condemnation proceedings not taxed against other persons as herein provided. The balance of proceeds remaining shall be credited to the General Fund of the Fish and Wildlife Department and deposited, held, and accounted for in the same manner as provided by law for the miscellaneous receipts by such Department, after paying all liens on such device, according to their validity and priority that are established by intervention or otherwise at the time of forfeiture being adjudged or in other proceedings brought for such purpose as being bona fide and having been created without knowledge by the holders thereof that such device was being or intended to be used contrary to the provisions hereof, such liens to be specified by the court in its order of sale or by order in writing of any other court having jurisdiction over such liens and devices. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984.)
10 V.S.A. § 4510
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 109 - Penalties and Enforcement|§ 4510. Rights of innocent owner

§ 4510. Rights of innocent owner|Nothing contained in sections 4503-4509 of this title shall prejudice the rights of the bona fide owner of any such device upon affirmative proof by him or her that he or she had no express or implied knowledge that such forfeited property was being or intended to be used for the illegal purposes aforesaid and the owner shall be entitled to a return of the same if he or she appears before adjudication of forfeiture and establishes his or her right to such return in accord with the foregoing. If, upon hearing, the person in charge of such firearm, jack, light, vehicle, or device does not appear to be the owner thereof and no person shall claim the same, further hearing shall be continued to a date certain. The taking of such articles and the date, place, and purpose of adjourned hearing shall be advertised once a week for three consecutive weeks in some newspaper published in the town or county where such device was taken, and, if there is no newspaper published in such town or county where such property was taken, in a newspaper having circulation in such county once a week for three successive weeks. The court before whom such proceeding is held shall be allowed the necessary expense of such advertising by the Commissioner of Finance and Management and order entered by such court at such adjourned hearing. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1983, No. 195 (Adj. Sess.), § 5(b).)
10 V.S.A. § 4511
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 109 - Penalties and Enforcement|§ 4511. Reopening forfeiture proceedings; rehearing; jurisdiction of courts

§ 4511. Reopening forfeiture proceedings; rehearing; jurisdiction of courts|(a) At any time within one year after such property shall have been adjudged forfeited, and upon notice to the State's Attorney of the county, a claimant, upon showing that he or she had no knowledge of the hearing, may apply to the court before whom former proceedings were had to have the cause reopened, provided he or she shall give security by way of recognizance to the State, with sufficient sureties, in such sum as the court directs, conditioned that the claimant will prosecute his or her claim to effect and pay the costs awarded against him or her. If, upon rehearing, such claimant establishes his or her claim, the court shall certify to the Commissioner of Finance and Management the amount of such claim, not exceeding the net amount actually realized by the State from the sale of such firearm, motor or other vehicle, or other device and the Commissioner of Finance and Management shall issue his or her warrant therefor.(b) [Repealed.]  (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974; 1983, No. 195 (Adj. Sess.), § 5(b).)
10 V.S.A. § 4512
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 109 - Penalties and Enforcement|§ 4512. Appeal

§ 4512. Appeal|Appeals from the orders or judgments of a court or magistrate entered or made pursuant to the provisions of sections 4503-4511 of this title shall be allowed in the same manner and to the same extent as provided in criminal causes. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 12, eff. April 9, 1974.)
10 V.S.A. § 4513
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 109 - Penalties and Enforcement|§ 4513. Unlawful devices for taking fish or wild animals; confiscation; sale

§ 4513. Unlawful devices for taking fish or wild animals; confiscation; sale|Fish, wild animals, and illegal devices for taking fish or wild animals found in the possession of a person in violation of a provision of this part, shall be seized and confiscated in the name of the State and the Commissioner may sell or otherwise dispose of the same as he or she deems for the best interests of the State and for that purpose may order the transportation of the same at any time. (Added 1961, No. 119, § 1, eff. May 9, 1961.)
10 V.S.A. § 4514
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 109 - Penalties and Enforcement|§ 4514. Possession of flesh of game; restitution

§ 4514. Possession of flesh of game; restitution|(a) When legally taken, the flesh of a fish or wild animal may be possessed for food for a reasonable time thereafter and such flesh may be transported and stored in a public cold storage plant. Nothing in this section shall authorize the possession of game birds or carcasses or parts thereof contrary to regulations made pursuant to the Migratory Bird Treaty Act.(b) Any person convicted of illegally taking, destroying, or possessing wild animals or threatened or endangered species shall, in addition to other penalties provided under this chapter, pay restitution in the following amounts into the Fish and Wildlife Fund for each animal taken, destroyed, or possessed:  (1) Big game                                                        no more than $2,000.00        and no less than $200.00  for the first offense  and no less than $500.00  each for a second  or subsequent offense        (2) Endangered or threatened species                 no more than    as defined in section 5401 of this                               $2,000.00 and no title                                                                              less than $500.00 each   (3) Small game                                                    no more than $500.00 and        no less than $50.00 each        (4) Fish                                                                no more than $50.00        and no less than $25.00  each          (c) A person who damages or destroys a wildlife facsimile owned by the Department of Fish and Wildlife in violation of the requirements of part 4 of this title shall pay restitution for the replacement or repair of the decoy into the Fish and Wildlife Fund. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1989, No. 205 (Adj. Sess.), § 2; 2011, No. 14, § 1, eff. July 1, 2012; 2015, No. 145 (Adj. Sess.), § 7.)
10 V.S.A. § 4515
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 109 - Penalties and Enforcement|§ 4515. General penalty

§ 4515. General penalty|Whoever violates or attempts to violate a provision of this part or an order or regulation of the Board or of the Commissioner for which no other penalty is provided shall be fined not more than $1,000.00. (Added 1961, No. 119, § 1, May 9, 1961; amended 1985, No. 92, § 11.)
10 V.S.A. § 4517
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 109 - Penalties and Enforcement|§ 4517. Destruction of State property

§ 4517. Destruction of State property|(a) Whoever intentionally or recklessly damages, injures, interferes with, or destroys any property, real or personal, belonging to or controlled by the State for fish, game, or wildlife purposes shall be fined not more than $2,500.00.(b) A person convicted of intentionally or recklessly damaging, injuring, interfering with, or destroying property belonging to or controlled by the State for fish, game, or wildlife purposes shall, in addition to other penalties provided under this chapter, pay restitution into the Fish and Wildlife Fund to repair or replace the damaged property. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1985, No. 92, § 12; 2015, No. 145 (Adj. Sess.), § 8.)
10 V.S.A. § 4518
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 109 - Penalties and Enforcement|§ 4518. Big game violations; threatened and endangered species; suspension; violations

§ 4518. Big game violations; threatened and endangered species; suspension; violations|Whoever violates a provision of this part or orders or rules of the Board relating to taking, possessing, transporting, buying, or selling of big game or relating to threatened or endangered species shall be fined not more than $1,000.00 nor less than $400.00 or imprisoned for not more than 60 days, or both. Upon a second and all subsequent convictions or any conviction while under license suspension related to the requirements of part 4 of this title, the violator shall be fined not more than $4,000.00 nor less than $2,000.00 or imprisoned for not more than 60 days, or both. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1963, No. 6; 1973, No. 4; 1981, No. 80, § 2, eff. Jan. 1, 1982; 1983, No. 234 (Adj. Sess.), § 3; 1985, No. 92, § 5; 1991, No. 13, § 3; 2011, No. 14, § 2, eff. July 1, 2012; 2015, No. 145 (Adj. Sess.), § 9.)
10 V.S.A. § 4518
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 109 - Penalties and Enforcement|§ 4518. Big game violations; threatened and endangered species; suspension; violations

§ 4518. Big game violations; threatened and endangered species; suspension; violations|Whoever violates a provision of this part or orders or rules of the Board relating to taking, possessing, transporting, buying, or selling of big game; relating to threatened or endangered species; or relating to the trade in covered animal parts or products shall be fined not more than $1,000.00 nor less than $400.00 or imprisoned for not more than 60 days, or both. Upon a second and all subsequent convictions or any conviction while under license suspension related to the requirements of part 4 of this title, the violator shall be fined not more than $4,000.00 nor less than $2,000.00 or imprisoned for not more than 60 days, or both. (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1963, No. 6; 1973, No. 4; 1981, No. 80, § 2, eff. Jan. 1, 1982; 1983, No. 234 (Adj. Sess.), § 3; 1985, No. 92, § 5; 1991, No. 13, § 3; 2011, No. 14, § 2, eff. July 1, 2012; 2015, No. 145 (Adj. Sess.), § 9; 2019, No. 169 (Adj. Sess.), § 2, eff. Jan. 1, 2022.)
10 V.S.A. § 4519
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 109 - Penalties and Enforcement|§ 4519. Assurance of discontinuance

§ 4519. Assurance of discontinuance|(a) As an alternative to judicial proceedings, the Commissioner may accept an assurance of discontinuance of any violation of this part. An assurance of discontinuance may include, but need not be limited to:  (1) specific actions to be taken; (2) abatement or mitigation schedules; (3) payment of a civil penalty and the costs of investigation; (4) payment of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved persons.   (b) An assurance of discontinuance shall be in writing and signed by the respondent and shall specify the statute or regulation alleged to have been violated. An assurance of discontinuance shall be simultaneously filed with the Attorney General and the Civil Division of the Superior Court of the county in which the alleged violation occurred or the Civil Division of the Superior Court of Washington County. An assurance of discontinuance may, by its terms, become an order of the court. Evidence of a violation of an assurance of discontinuance shall be prima facie proof of the violation.(c) Any violation of an assurance of discontinuance shall constitute a separate and distinct offense of the underlying statute or rule and shall be subject to an administrative penalty under section 4520 of this title, in addition to any other applicable penalties. (Added 2011, No. 54, § 6.)
10 V.S.A. § 4520
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 109 - Penalties and Enforcement|§ 4520. Administrative penalties

§ 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.)
10 V.S.A. § 4520a
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 109 - Penalties and Enforcement|§ 4520a. Notice and hearing requirements

§ 4520a. Notice and hearing requirements|(a) The Commissioner shall use the following procedures in assessing the penalty under section 4520 of this title: the Attorney General or an alleged violator shall be given an opportunity for a hearing after reasonable notice; and the notice shall be served by personal service or by certified mail, return receipt requested. The notice shall include:  (1) a statement of the legal authority and jurisdiction under which the hearing is to be held; (2) a statement of the matter at issue, including reference to the particular statute allegedly violated and a factual description of the alleged violation; (3) the amount of the proposed administrative penalty; and (4) a warning that the decision shall become final and the penalty imposed if no hearing is requested within 15 days of receipt of the notice. The notice shall specify the requirements which shall be met in order to avoid being deemed to have waived the right to a hearing or the manner of payment if the person elects to pay the penalty and waive a hearing.   (b) Any person who receives notification pursuant to this section shall be deemed to have waived the right to a hearing unless, within 15 days of the receipt 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. A copy of the final default order shall be sent to the violator by certified mail, return receipt requested.(c) When an alleged violator requests a hearing in a timely fashion, the Commissioner shall hold the hearing pursuant to 3 V.S.A. chapter 25. (Added 2011, No. 54, § 6.)
10 V.S.A. § 4521
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 109 - Penalties and Enforcement|§ 4521. Failure to stop

§ 4521. Failure to stop|(a) An operator of a motor vehicle or vessel shall bring the vehicle or vessel to a stop when signaled to do so by a warden or deputy warden wearing a uniform identifying him or her as such or operating a law enforcement vehicle or vessel sounding a siren and displaying a flashing blue or blue and white signal lamp. A person who violates this section shall be fined not more than $500.00.(b) A person who is traveling on foot who fails to stop when requested to do so by a warden or deputy warden wearing a uniform identifying him or her as a law enforcement officer shall be fined not more than $100.00. (Added 1991, No. 215 (Adj. Sess.), § 3.)
10 V.S.A. § 4551
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 109 - Penalties and Enforcement|§ 4551. Fish and wildlife violation defined

§ 4551. Fish and wildlife violation defined|A violation of any provision of this part, other than a violation for which a term of imprisonment may be imposed or a minor violation as defined in section 4572 of this title, shall be a fish and wildlife violation. (Added 1977, No. 229 (Adj. Sess.); amended 1995, No. 181 (Adj. Sess.), § 9, eff. Sept. 1, 1996; 2017, No. 170 (Adj. Sess.), § 7.)
10 V.S.A. § 4552
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 109 - Penalties and Enforcement|§ 4552. Jurisdiction; venue

§ 4552. Jurisdiction; venue|The Vermont Criminal Division of the Superior Court shall have exclusive jurisdiction over fish and wildlife violations. Venue for adjudicating fish and wildlife violations shall be the unit of the Criminal Division of the Superior Court having jurisdiction over the geographical area where the offense is stated to have occurred. (Added 1977, No. 229 (Adj. Sess.); amended 2009, No. 154 (Adj. Sess.), § 238.)
10 V.S.A. § 4553
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 109 - Penalties and Enforcement|§ 4553. Information and summons; form

§ 4553. Information and summons; form|(a) In all fish and wildlife violations the information and summons may be in the form known as the "Uniform Fish and Wildlife Information." The Court Administrator shall prepare the form for the uniform fish and wildlife information. The Court Administrator shall be responsible for printing and issuing all uniform fish and wildlife informations to game wardens and other law enforcement officers and he may require them to keep records and make reports concerning the disposition of each uniform fish and wildlife information issued. A game warden or law enforcement officer may void a uniform fish and wildlife information by so marking the information and returning it to the Court Administrator. A prosecuting attorney may dismiss a uniform fish and wildlife game information.(b) The uniform fish and wildlife information shall consist of five sheets:  (1) the information and warrant, which shall include spaces for the signatures of the game warden or law enforcement officer, the prosecuting attorney, and judge or clerk; (2) the abstract of the court record, which shall be forwarded to the Commissioner after conviction; (3) the police record, which shall be a copy of the information; (4) the prosecutor's record, which shall be a copy of the information; (5) the summons, which shall include a copy of the information, a waiver, and an explanation of rights.   (c) The reverse sides of the sheets shall contain such information as the court administrator considers necessary.(d) The uniform fish and wildlife information shall contain the following two paragraphs:  (1) Failure to comply with the instructions contained on this information will result in the suspension of your hunting, fishing, and trapping license or your privilege to take wild animals in this State. (2) If you admit you have committed a violation of a provision of part 4 of this title relating to the conservation of fish and wildlife you will be liable for a fine and, in addition, your license to hunt, fish, or trap or privilege to hunt, fish, or trap is subject to suspension or revocation as provided by law.   (e) The information form may be used in all cases involving violations of this part whether the case is prosecuted on the information as issued by a game warden, law enforcement officer, or by any other person. (Added 1977, No. 229 (Adj. Sess.); amended 1981, No. 85, § 5, eff. May 7, 1981.)
10 V.S.A. § 4554
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 109 - Penalties and Enforcement|§ 4554. Procedure on failure to appear; notice

§ 4554. Procedure on failure to appear; notice|If a defendant fails to appear or answer an information or summons served upon him or her, the court shall immediately report the name of the defendant and other pertinent facts to the Commissioner. The Commissioner shall mail a notice to the defendant at the address stated in the information notifying the defendant that his or her failure to appear has resulted in the suspension or revocation of his or her hunting, fishing, and trapping license and his or her privilege to take wild animals in this State. Nothing in this subchapter shall prevent the court from issuing an arrest warrant or punishing the defendant for contempt. (Added 1977, No. 229 (Adj. Sess.); amended 1981, No. 85, § 6, eff. May 7, 1981.)
10 V.S.A. § 4555
2021 Vermont Statutes|Title 10 - Conservation and Development|Chapter 109 - Penalties and Enforcement|§ 4555. Answers to uniform fish and wildlife informations

§ 4555. Answers to uniform fish and wildlife informations|(a) A person who is charged with committing a violation of this part may waive appearance and trial with the consent of the prosecuting attorney and plead guilty or nolo contendere by a signed statement. The person shall submit a fine in an amount as established under subsection (b) of this section with the signed statement. The court shall accept the signed statement accompanied by the fine assessed as a plea of guilty or nolo contendere as indicated on the signed statement and shall proceed accordingly.(b) Three Criminal Division of the Superior Court judges appointed by the Court Administrator shall establish schedules, within the limits prescribed by law, of the amount of fines to be imposed. The fines shall be paid to, receipted by, and accounted for by the clerk in the same manner as other fines. A game warden or law enforcement officer who issues an information shall advise the defendant of the schedule of fines and show him or her a copy of that schedule.(c) If a defendant fails to answer or appear as directed on the uniform fish and wildlife information or by the Criminal Division of the Superior Court judge or fails to pay the fine after judgment, the Commissioner shall suspend the hunting, fishing, and trapping license or the privilege of the defendant to take wild animals in this State until the defendant answers, appears, or pays the fine. (Added 1977, No. 229 (Adj. Sess.); amended 2009, No. 154 (Adj. Sess.), § 238.)