Whether the assessment of a penalty, in a proceeding entirely separate from and subsequent to a hearing on the underlying merits, constitutes a denial of due process

QUESTIONS PRESENTED Ls Whether the assessment of a penalty, in a proceeding entirely separate from and subsequent to a hearing on the underlying merits, constitutes a denial of due process where the potential magnitude of the penalty was not disclosed prior to the expiration of the deadline for appealing the decision on the merits, and was not reasonably ascertainable from the face of the pertinent regulatory criteria, leaving Petitioners unaware of the amount at stake and thereby depriving them of the opportunity to intelligently assess whether to appeal the decision on the merits. 2. Whether it is a violation of the Fourth Amendment for the State to impose an administrative penalty enhancement against a party found in violation of environmental regulations based on that party’s refusal to allow state officials access to property without a court order. 2 OPINION BELOW The opinion of the Vermont Supreme Court is published as Agency of Natural Resources v. Supeno, 2018 VT 30, and is reproduced on page 1 of the