V.S.A. tit. 27, ch. 18, subch. 11 — Determination of Liability; Putative Holder Remedies | Vermont Statutes Annotated (through the 2026 session) — Vermont

27 V.S.A. § 1581 Informal conference

1581. Informal conference (a) Not later than 30 days after receipt of a notice under section 1572 of this title, the putative holder may request an informal conference with the Administrator to review the determination. Except as otherwise provided in this section, the Administrator may designate an employee to act on behalf of the Administrator. (b) If a putative holder makes a timely request under subsection (a) for an informal conference: (1) not later than 20 days after the date of the request, the Administrator shall set the time and place of the conference; (2) the Administrator shall give the putative holder notice in a record of the time and place of the conference; (3) the conference may be held in person, by telephone, or by electronic means, as determined by the Administrator; (4) the request tolls the 90-day period under sections 1583 and 1584 of this title until notice of a decision under subdivision (7) of this subsection has been given to the putative holder or the putative holder withdraws the request for the conference; (5) the conference may be postponed, adjourned, and reconvened as the Administrator determines appropriate; (6) the Administrator or Administrator’s designee with the approval of the Administrator may modify a determination made under section 1012 of this title or withdraw it; and (7) the Administrator shall issue a decision in a record and provide a copy of the record to the putative holder and examiner not later than 20 days after the conference ends. (c) A conference under subsection (b) of this section is not an administrative remedy and is not a contested case subject to 3 V.S.A. § 809. An oath is not required and rules of evidence do not apply in the conference. (d) At a conference under subsection (b) of this section, the putative holder must be given an opportunity to confer informally with the Administrator and the person that examined the records of the putative holder to: (1) discuss the determination made under section 1572 of this title; and (2) present any issue concerning the validity of the determination. (e) If the Administrator fails to act within the period prescribed in subdivision (b)(1) or (7) of this section, the failure does not affect a right of the Administrator, except that interest does not accrue on the amount for which the putative holder was determined to be liable under section 1572 of this title during the period in which the Administrator failed to act until the earlier of: (1) the date under section 1583 of this title the putative holder initiates administrative review or files an action under section 1584 of this title; or (2) 90 days after the putative holder received notice of the Administrator’s determination under section 1572 of this title if no review was initiated under section 1583 of this title and no action was filed under section 1584 of this title. (f) The Administrator may hold an informal conference with a putative holder about a determination under section 1572 of this title without a request at any time before the putative holder initiates administrative review under section 1583 of this title or files an action under section 1584 of this title. (g) Interest and penalties under section 1594 of this title continue to accrue on property not reported, paid, or delivered as required by this chapter after the initiation, and during the pendency, of an informal conference under this section. Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.

27 V.S.A. § 1582 Review of Administrator’s determination

1582. Review of Administrator’s determination A putative holder may seek relief from a determination under section 1572 of this title by: (1) administrative review under section 1583 of this title; or (2) judicial review under section 1583 of this title. Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.

27 V.S.A. § 1583 Administrative review

1583. Administrative review (a) Not later than 90 days after receiving notice of the Administrator’s determination under section 1572 of this title, a putative holder may initiate a proceeding under 3 V.S.A. chapter 25, subchapter 2 for review of the Administrator’s determination. (b) A final decision in an administrative proceeding initiated under subsection (a) of this section may be appealed to the Civil Division of the Washington County Superior Court, which shall hear the appeal de novo. Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.

27 V.S.A. § 1584 Judicial remedy

1584. Judicial remedy (a) Not later than 90 days after receiving notice of the Administrator’s determination under section 1572 of this title, the putative holder may: (1) file an action against the Administrator in the Civil Division of the Washington County Superior Court challenging the Administrator’s determination of liability and seeking a declaration that the determination is unenforceable, in whole or in part; or (2) pay the amount or deliver the property determined by the Administrator to be paid or delivered to the Administrator and, not later than six months after payment or delivery, file an action against the Administrator in the Civil Division of the Washington County Superior Court for a refund of all or part of the amount paid or return of all or part of the property delivered. (b) If a putative holder pays or delivers property the Administrator determined must be paid or delivered to the Administrator at any time after the putative holder files an action under subdivision (a)(1) of this section, the court shall continue the action as if it had been filed originally as an action for a refund or return of property under subdivision (a)(2) of this section. (c) On the final determination of an action filed under subsection (a) of this section, the court may, on application, award to the prevailing party its reasonable attorney’s fees, costs, and expenses of litigation. (d) A putative holder that is the prevailing party in an action under subdivision (a)(2) of this section for refund of money paid to the Administrator is entitled to interest on the amount refunded, at the same rate a holder is required to pay to the Administrator under subsection 1594(a) of this title, from the date paid to the Administrator until the date of the refund. Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.