CVR 11-020-001 § 14

14.1 Notice of Alleged Violation

14.1.1 The Commissioner may issue a notice of alleged violation of the Mobile
Home Park Law. A notice of alleged violation must be in writing.

14.1.2 The notice shall include, at a minimum, the following:

a) a description of the alleged violation, including reference to the particular
statute and any applicable Housing Division Rule allegedly violated;
b) a statement of the legal authority and jurisdiction under which
administrative penalty is being assessed;
c) the amount of the proposed administrative penalty; and
d) a warning that the decision to impose a penalty may become final and the
penalty imposed if no hearing is requested within 20 calendar days of
receipt of the notice.
14.1.3 The notice of alleged violation shall be served on the park owner by
certified mail or personal service.

14.1.4 The park owner alleged to have committed the violation shall have 20
calendar days from the date of service to file a written request for a hearing. If no

request for a hearing is filed within 20 calendar days, the notice and penalty shall
be deemed a final order of the Commissioner.

14.1.5 Notice of alleged violation and penalties issued under these rules shall not
limit the authority of the Commissioner to bring a civil action for damages or
injunctive relief, or both, to refer a violation to the Attorney General or State’s
Attorney for enforcement, or to take any other appropriate enforcement action.

14.2 Hearing Process. The procedures set forth in 3 V.S.A. §§ 809 through 813 shall
cover all hearings under these rules.

14.2.1 A park owner who requests a hearing regarding a notice of alleged
violation shall be entitled to a hearing before the Commissioner within 60 days of
filing the request. The 60-day time frame may be extended if the park owner who
requested the hearing requests, in writing, additional time to prepare for the
hearing.

14.2.2 A hearing notice that includes the time, place, and nature of the hearing
shall be delivered to the park owner within 7 days of receipt of a request for a
hearing and no less than 15 days prior to the date set for the hearing.

14.2.3 The Commissioner may appoint a hearing officer to hear evidence on the
alleged violation, prepare findings, and recommend a decision.

14.2.4 The park owner may appear at the hearing with or without counsel, and
may present evidence and examine and cross-examine witnesses.

14.2.5 At the hearing the rules of evidence shall be according to 3 V.S.A. § 810.

14.2.6 Opportunity shall be given all parties to respond and present evidence and
argument on all issues involved.

14.2.7 The hearing officer may compel, by subpoena, the attendance and
testimony of witnesses and the production of books and records in accordance
with 3 V.S.A. §§ 809, 809a, and 809b.

14.2.8 Oral proceedings or any part thereof shall be recorded, and shall be
transcribed on request of any party subject to other applicable provisions of law,
and upon payment by the requesting party of the reasonable costs thereof.

14.2.9 Nothing in this section shall prohibit the informal disposition of a notice of
alleged violation by stipulation, agreed settlement, consent order or default.
Informal disposition may proceed with clear and simple documentation without
complete adherence to this section.

14.3 Administrative Penalty/Fine. In assessing a penalty, the Commissioner shall
consider the degree of actual and potential impact on public health, safety, and welfare
resulting from the violation; the number of people affected by the violation; whether or
not the violation was corrected after notification of its existence; the economic benefit
gained by the violation; the deterrent effect of the penalty; and whether the park owner
has been fined for the same or similar violations in the past. Standard penalties shall be
based on a schedule maintained by the Department, which shall be made available to the
public upon request.

14.4 Decision. At the close of the evidence the Commissioner shall issue a written
decision, which shall include, at a minimum, the following:

a) Findings of fact relevant to each alleged violation;
b) Conclusion of law regarding each alleged violation;
c) Amount of the penalty imposed for each violation;
d) Date on which the penalty is due; and
e) Instructions to the park owner on where to file any appeal and the applicable
time limits.

14.5 Collection. The Department may collect an unpaid administrative penalty by
filing a civil collection action in any superior court, or through any other means available
to state agencies, after the time for filing an appeal has expired.

14.6 Civil Action by Resident. In addition to any other rights of action, any resident
may file suit against the park owner, after 30 days’ written notice by certified mail to the
park owner, for violation of 10 V.S.A. chapter 153 §§ 6236-6243 and for violation of 10
V.S.A. § 6242, may seek damages in the amount of $10,000.00 or 50 percent of the gain
realized by the park owner from the sale, whichever is greater, as well as actual and
punitive damages.