Idaho State Statutes - Idaho Attorney Directory

(1) Any person who shall forge, alter,
counterfeit, simulate or falsely represent, or who shall without proper
authority use any license issued by the director under this act, or who shall
violate or fail to comply with any provisions of this act shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be fined not less
than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or
imprisoned in the county jail for not less than three (3) months nor 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 provision of this
act or any rules promulgated under this act may be assessed a civil penalty by
the department or its duly authorized agent of not more than three thousand
dollars ($3,000) for each offense and shall be liable for reasonable attorney
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 the
Idaho administrative procedure act. 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 this section may, within thirty (30) days of
the final agency action 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 violation of a rule shall be
deposited in the state treasury and credited to the pesticide account of the
department.
(3) Nothing in this chapter shall be construed as requiring the director
to report minor violations for prosecution when he believes that the public
interests will be best served by suitable warnings or other administrative
action.

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