The Vermont Statutes Online

Title 6 : Agriculture

Chapter 151 : Supervision, Inspection, and Licensing of Dairy Operations

Subchapter 003 : LICENSING AND INSPECTION

• § 2722a. Hearings and action upon applications

  (a) Upon receipt of an application for a milk handler’s license the Secretary shall examine it. If the application is deficient the Secretary shall so notify the applicant and return the application together with one-half of the application fee within 30 days of the receipt of the application. If the application is not deficient, the Secretary shall publish notice of the application in one or more publications of general circulation within the State’s dairy community at the applicant’s expense. The Secretary shall also publish notice of the handler’s application on the Agency’s website. An interested party shall have 14 calendar days from the date of publication to request a hearing on the application. The Secretary shall grant a request for a hearing when an interested party can demonstrate a reasonable belief that the applicant will not promote the general good of the dairy industry and the consuming public pursuant to Vermont rule 20-021-001 adopted by the Agency of Agriculture, Food and Markets. Where such a showing is made, a hearing shall be held within 60 days of receipt of the request. In the absence of such a showing or where no request for a hearing is received, the Secretary may hold a hearing at his or her discretion.

  (b) In the event a hearing is convened, the hearing shall be held in central Vermont unless requested by the applicant to be in the specific area where the applicant will be located. Additional hearings may be held at the discretion of the Secretary.

  (c) In the case of a renewal application, a hearing in the discretion of the Secretary may be held at Montpelier, or, in the discretion of the Secretary, may be waived.

  (d) The Secretary shall act upon applications within 30 days of the hearing, or if the hearing in the case of a renewal application has been waived, within 60 days of receipt of the renewal application. If the Secretary denies the license, he or she shall set forth his or her reasons.

  (e) Any applicant whose application has been denied shall have the right to judicial review of the Secretary’s decision in the Superior Court. The proceeding before the Superior Court shall be de novo, and the applicant may demand trial by jury. Appeals from the Superior Court may be taken to the Vermont Supreme Court pursuant to the Vermont Rules of Appellate Procedure. (Added 1977, No. 159 (Adj. Sess.), § 3, eff. May 28, 1978; amended 1981, No. 237 (Adj. Sess.), eff. May 4, 1982; 1987, No. 217 (Adj. Sess.), § 3; 1997, No. 161 (Adj. Sess.), § 3, eff. Jan. 1, 1998; 2003, No. 42, § 2, eff. May 27, 2003; 2011, No. 39, § 1, eff. May 19, 2011.)