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COMMITTEE ON HEALTH, HOSPITALS AND HUMAN SERVICES 05/27/2025-AMENDED AND REPORTED OUT TO THE COMMITTEE ON RULES AND JUDICIARY BILL NO. 36-0043 Thirty-Sixth Legislature of the Virgin Islands March 28, 2025 An Act amending title 19 Virgin Islands Code, part VI, chapter 53, subchapter IV, section 1481 by increasing the penalties for violation of sanitation laws PROPOSED BY: Senator Angel L. Bolques. Jr. Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. Title 19 Virgin Islands Code, part VI, chapter 53 is amended as follows: 2 (a) Subchapter II: 3 (1) Section 1433 is amended in the final sentence of the section by adding “along 4 with the inspection grade” after the words “Such health permit”; 5 (2) In section 1434, strike the existing language and insert the following 6 language: 7 “(1) A health permit may be suspended by the Commissioner of Health 8 upon violation by the permit holder of any provisions of this chapter or of rules 9 promulgated under this chapter. 10 (a) A notice letter will be issued to the permit holder from the 11 Environmental Health Division of the Department of Health notifying the 12 permit holder of an imminent health hazard. 13 2 (b) A suspension shall remain in effect until conditions cited in the 1 cease-and-desist letter no longer exist and their elimination has been 2 confirmed by the Environmental Health Division through reinspection or 3 other appropriate means. 4 (c) A written application for the reinstatement of the permit must be 5 made from the permit holder stating that the conditions cited in the letter no 6 longer exist. 7 (d) Upon receipt of the written application, the Environmental 8 Health Division shall conduct reinspection within two business days. 9 (e) The suspended permit shall be reinstated immediately if the 10 Environmental Health Division determines that the public health hazard, or 11 unhealthy conditions, or unsanitary conditions, or nuisance no longer exists. 12 A written notice of reinstatement must be provided to the permit holder. 13 (2) In the event of an imminent health hazard, a permit suspension, or a cease 14 and desist order for certain operations, may be issued without prior notice. The 15 Environmental Health Division shall designate which operations must cease because of 16 the imminent health hazard. 17 (3) For serious or repeated violations, the health permit may be permanently 18 revoked by the Commissioner of Health. 19 (4) Contesting the Suspension or Revocation 20 (a) The permit holder must notify the Environmental Health Division in 21 writing within ten business days of receiving the notice of violation, stating his 22 intent to contest the suspension or permit revocation. 23 (b) The permit holder must submit any relevant evidence or arguments 24 supporting his case within ten business days of the notice of intent to contest. 25 3 (c) The Commissioner of Health shall schedule a hearing within ten 1 business days of receiving the contestation request. 2 (d) The Commissioner of Health shall notify the permit holder of the date, 3 time, and location of the hearing at least five business days before the hearing date. 4 (e) Both parties shall provide the opposing party with a list of proposed 5 witnesses they intend call or subpoena at the hearing. 6 (f) The Commissioner of Health, or his designee, shall conduct the hearing 7 as the hearing officer. 8 (g) A full and complete record must be kept of all proceedings, and all 9 testimony shall be reported but need not be transcribed unless the decision is 10 appealed. A copy or copies of the transcript may be obtained by an interested party 11 upon payment of the cost of preparing such copy or copies. 12 (h) The hearing officer will issue a written decision within ten business 13 days of the hearing detailing the findings of fact, conclusions of law, and any 14 penalties or corrective actions required. 15 (i) A copy of the written decision will be provided to the permit holder 16 and will include information on the right to appeal the decision, if applicable.” 17 (b) In section 1435, strike the existing language and insert the following language: 18 “(a) A permit holder has the right to appeal the decision of the hearing to the 19 Superior Court of the Virgin Islands by an appeal made within 30 days from the issuance 20 of the decision. 21 (b) The permit holder must file a notice of appeal in writing within ten business 22 days of receiving the decision, stating the grounds for the appeal.” 23 (c) Strike the existing language in section 1481 and insert the following 24 language: 25 “(a) Whoever violates any provision of this chapter shall be fined: 26 4 (1) not more than $900 for the first offense. 1 (2) not more than $1500 for the second offense. 2 (3) not more than $1700 for the third offense. 3 (4) for the fourth offense, and any subsequent offense, a notice of 4 suspension will be issued to the permit holder in accordance with section 5 1434, and a fine of not more than $1700 will be imposed. 6 (b) In the event of an imminent health hazard, a permit suspension, or a 7 cease-and-desist order for certain operations, may be issued without prior notice. 8 The Environmental Health Division shall designate which operations must cease 9 because of the imminent health hazard.” 10 BILL SUMMARY 11 This bill amends title 19 Virgin Islands Code, part VI, chapter 53, subchapter IV, section 12 1481 by increasing the penalties for violation of sanitation laws. 13 BR25-0037/March 25, 2025/PFA 14 S:\AMENDS\36th Legislature\BOLQUES, JR., ANGEL L\Amendment 36-386\Amendment 15 36-386 - DRAFTED ON YELLOW.docx 16