Idaho State Statutes - Idaho Attorney Directory

(1) Any person who violates or fails to
comply with any of the provisions of this chapter shall be guilty of a
misdemeanor and upon conviction thereof shall be fined not more than ten
dollars ($10.00) per hundred weight of potatoes in violation or be imprisoned
in the county jail for not more than six (6) months or be subject to both such
fine and imprisonment.
(2) Any person who violates or fails to comply with any of the provisions
of this chapter or any rules promulgated under this chapter may be assessed a
civil penalty by the department or its duly authorized agent of not more than
ten dollars ($10.00) per hundred weight of potatoes in violation for each
offense and shall be liable for reasonable attorney's fees. Assessment of a
civil penalty may be made in conjunction with any other department
administrative action. No civil penalty may be assessed unless the person
charged was given notice and opportunity for a hearing pursuant to chapter 52,
title 67, Idaho Code. If the department is unable to collect such penalty or
if any person fails to pay all or a set portion of the civil penalty as
determined by the department, it may recover such amount by action in the
appropriate district court. Any person against whom the department has
assessed a civil penalty under the provisions of this chapter may, within
thirty (30) days of the final action by the agency making the assessment,
appeal the assessment to the district court of the county in which the
violation is alleged by the department to have occurred. Moneys collected for
violations shall be remitted to the agricultural inspection account.
(3) Nothing in this chapter shall be construed as requiring the director
to report minor violations for prosecution when he believes that the public
interest will be best served by suitable warnings or other administrative
action.

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