Idaho State Statutes - Idaho Attorney Directory

(1) Any person who violates any
provision of this chapter, or of the rules promulgated hereunder for carrying
out the provisions of this chapter, or who fails or refuses to comply with any
requirements herein specified, or who interferes with the department, its
agents or employees, in the execution, or on account of the execution of its
or their duties under this chapter or rules promulgated hereunder, shall be
guilty of a misdemeanor and upon conviction thereof, shall be fined not more
than three thousand dollars ($3,000) or be imprisoned in a county jail for not
more than twelve (12) 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 hereunder may be assessed a civil
penalty by the department or its duly authorized agent of not more than ten
thousand dollars ($10,000) for each offense and shall be liable for reasonable
attorney's fees.
(a) Assessment of a civil penalty may be made in conjunction with any
other department administrative action.
(b) No civil penalty may be assessed unless the person charged was given
notice and opportunity for a hearing pursuant to the Idaho administrative
procedure act.
(c) 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.
(d) Any person against whom the department has assessed a civil penalty
under the provisions of this section 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.
(e) All civil penalties collected pursuant to this section shall be
remitted to the agricultural department inspection fund.
(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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