Idaho State Statutes - Idaho Attorney Directory

(1) A person convicted of violating this
chapter or the rules adopted under this chapter or who impedes, obstructs,
hinders or otherwise prevents or attempts to prevent the director or a duly
authorized agent from the performance of his duty in connection with this
chapter, is guilty of a misdemeanor and shall be fined not more than five
hundred dollars ($500) for the first violation and not more than one thousand
five hundred dollars ($1,500) for a subsequent violation. In all prosecutions
under this chapter involving the composition of a lot of a commercial soil and
plant amendment product, a certified copy of the official analysis signed by
the director or his duly authorized agent shall be accepted as prima facie
evidence of the composition.
(2) A person who violates or fails to comply with this chapter or any
rules adopted under this chapter 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 to the department for
reasonable attorney's fees. The department may assess a civil penalty 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 under the Idaho administrative procedure act, chapter 52, title 67,
Idaho Code. If the director is unable to collect the penalty or if a person
fails to pay all or a set portion of the civil penalty as determined by the
department, the department may recover the amount in an action in the
appropriate district court. A person against whom the director has assessed a
civil penalty under 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.
(3) Nothing in this chapter requires the director or a duly authorized
representative to report minor violations of this chapter for prosecution, or
for the institution of seizure proceedings, when the director believes that
the public interest will be best served by a suitable notice of warning in
writing.
(4) A prosecuting attorney to whom any violation is reported shall,
without delay, cause appropriate proceedings to be instituted and prosecuted
in a court of competent jurisdiction. Before the director reports a violation
for prosecution by a prosecuting attorney, the director shall give the person
charged with the violation an opportunity to present his view to the director.
(5) The director may apply for and the court is authorized to grant a
temporary or permanent injunction restraining any person from violating or
continuing to violate this chapter or any rule adopter [adopted] under this
chapter notwithstanding the existence of other remedies of law. An injunction
shall be issued without bond.

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