Vermont § 125 Assurance of discontinuance

Vermont Statutes

§ 125 — Assurance of discontinuance

Vermont § 125

Title 18Title 18: Health

Ch. 3Chapter 003: Department of Health; Commissioner of Health

This text of Vermont § 125 (Assurance of discontinuance) is published on Counsel Stack Legal Research, covering Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Vt. Stat. Ann. tit. 18, § 125 (2026).

Text

(a)In any case where the Commissioner has authority to institute an action or proceeding against a person under this title, the Commissioner may, in lieu thereof, accept from such person an assurance that the violation, or the action or inaction contributing to a public health hazard or a significant public health risk, will be discontinued. An assurance of discontinuance may include:

(1)specific action 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, shall be filed with the Superior Court having jurisdiction over the subject matter, and shall become

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(a) In any case where the Commissioner has authority to institute an action or proceeding against a person under this title, the Commissioner may, in lieu thereof, accept from such person an assurance that the violation, or the action or inaction contributing to a public health hazard or a significant public health risk, will be discontinued. An assurance of discontinuance may include:
(1) specific action 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, shall be filed with the Superior Court having jurisdiction over the subject matter, and shall become an order of the court. Evidence of a violation of an assurance of discontinuance shall be prima facie proof of the violation cited in the assurance. (Added 1985, No. 267 (Adj. Sess.), § 9.)