s/AWCJR 
 
 
AMENDMENT IN THE NATURE OF A SUBSTITUTE TO BILL NO. 36-0043 
Offered by Senator Angel L. Bolques, Jr. 
 
 
Bill No. 36-0043 is amended by striking all language after the enacting clause and 
inserting the following language: 
“SECTION 1.  Title 19 Virgin Islands Code, part VI, chapter 53 is amended as 
follows: 
(a) Subchapter II:  
(1) 
Section 1433 is amended in the final sentence of the section by 
adding “along with the inspection grade” after the words “Such health 
permit”; 
(2) 
In section 1434, strike the existing language and insert the 
following language: 
“(1) A health permit may be suspended by the Commissioner 
of Health upon violation by the permit holder of any provisions of this 
chapter or of rules promulgated under this chapter. 
(a) 
A notice letter will be issued to the permit holder from the 
Environmental Health Division of the Department of Health notifying 
the permit holder of an imminent health hazard. 
(b) 
A suspension shall remain in effect until conditions cited 
in the cease-and-desist letter no longer exist and their elimination has 
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been confirmed by the Environmental Health Division through 
reinspection or other appropriate means. 
(c) 
A written application for the reinstatement of the permit 
must be made from the permit holder stating that the conditions cited 
in the letter no longer exist. 
(d) 
Upon receipt of the written application, the Environmental 
Health Division shall conduct reinspection within two business days. 
(e) 
The suspended permit shall be reinstated immediately if 
the Environmental Health Division determines that the public health 
hazard, or unhealthy conditions, or unsanitary conditions, or nuisance 
no longer exists. A written notice of reinstatement must be provided to 
the permit holder. 
(2) 
In the event of an imminent health hazard, a permit 
suspension, or a cease and desist order for certain operations, may be 
issued without prior notice. The Environmental Health Division shall 
designate which operations must cease because of the imminent health 
hazard. 
(3) 
For serious or repeated violations, the health permit may 
be permanently revoked by the Commissioner of Health. 
(4) 
Contesting the Suspension or Revocation 
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(a) 
The permit holder must notify the Environmental Health Division in writing 
within ten business days of receiving the notice of violation, stating his intent to contest 
the suspension or permit revocation. 
(b) 
The permit holder must submit any relevant evidence or arguments 
supporting his case within ten business days of the notice of intent to contest. 
(c) 
The Commissioner of Health shall schedule a hearing within ten business 
days of receiving the contestation request. 
(d) 
The Commissioner of Health shall notify the permit holder of the date, time, 
and location of the hearing at least five business days before the hearing date. 
(e) 
Both parties shall provide the opposing party with a list of proposed 
witnesses they intend call or subpoena at the hearing. 
(f) 
The Commissioner of Health, or his designee, shall conduct the hearing as 
the hearing officer. 
(g) 
A full and complete record must be kept of all proceedings, and all testimony 
shall be reported but need not be transcribed unless the decision is appealed. A copy or 
copies of the transcript may be obtained by an interested party upon payment of the cost 
of preparing such copy or copies. 
(h) 
The hearing officer will issue a written decision within ten business days of 
the hearing detailing the findings of fact, conclusions of law, and any penalties or 
corrective actions required. 
(i) 
A copy of the written decision will be provided to the permit holder and will 
include information on the right to appeal the decision, if applicable.” 
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(b) In section 1435, strike the existing language and insert the following 
language: 
“(a) A permit holder has the right to appeal the decision of the hearing to the 
Superior Court of the Virgin Islands by an appeal made within 30 days from the 
issuance of the decision. 
(b) The permit holder must file a notice of appeal in writing within ten 
business days of receiving the decision, stating the grounds for the appeal.” 
(c) Strike the existing language in section 1481 and insert the following 
language: 
“(a) Whoever violates any provision of this chapter shall be fined: 
(1) 
not more than $900 for the first offense. 
(2) 
not more than $1500 for the second offense. 
(3) 
not more than $1700 for the third offense. 
(4) 
for the fourth offense, and any subsequent offense, a notice 
of suspension will be issued to the permit holder in accordance with 
section 1434, and a fine of not more than $1700 will be imposed. 
(b) 
In the event of an imminent health hazard, a permit suspension, 
or a cease-and-desist order for certain operations, may be issued without 
prior notice. The Environmental Health Division shall designate which 
operations must cease because of the imminent health hazard.”.” 
Amendment No. 36-386/May 27, 2025/PFA