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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 3 : Executive

Chapter 047 : COMMERCE AND COMMUNITY DEVELOPMENT

Subchapter 006 : RECAPTURE OF DEVELOPMENT INCENTIVES

(Cite as: 3 V.S.A. § 2513)
  • § 2513. Action on notice

    (a) The agency or department shall notify the Commissioner of the amount of the benefit conferred to the business over the qualified period.

    (b) The Commissioner shall:

    (1) assess such amount of benefit conferred against the business or the successors in interest to that business; and

    (2) notify the business or successor in interest of the assessment by certified mail within 30 days of receiving notice pursuant to subsection (a) of this section.

    (c) The agency or department which granted the benefit shall:

    (1) Provide a hearing within 30 days, if one is requested by the business within 15 days of assessment by the Commissioner. An aggrieved business may within 30 days appeal a determination by the agency or department to the Washington Superior Court or the Superior Court of the county of the place of business.

    (2) Have the discretion to reduce the amount of the benefit which it requests the Commissioner to assess, upon showing of good cause.

    (d)(1) A business shall pay an assessment within 90 days of the date of assessment or 30 days after the final decision of the agency, department, or court as a result of a hearing pursuant to this subchapter.

    (2) Assessments under this subsection shall bear interest from the date of assessment at the rate determined under 32 V.S.A. § 3108. (Added 1993, No. 221 (Adj. Sess.), § 10.)