Idaho State Statutes - Idaho Attorney Directory

(1) Any person, firm or corporation violating
the provisions of this chapter or rules promulgated under this chapter may be
assessed a civil penalty by the department or its agent of not more than five
thousand dollars ($5,000) for each offense. Persons, firms or corporations
against whom civil penalties are assessed are liable for reasonable attorney's
fees. Civil penalties may be assessed in conjunction with any other department
administrative action. Civil penalties may not be assessed unless the person,
firm or corporation charged has been given notice and an opportunity for a
hearing pursuant to the provisions of chapter 52, title 67, Idaho Code. If the
department is unable to collect an assessed civil penalty or if any person,
firm or corporation fails to pay all or a set portion of a civil penalty as
determined by the department, the department may recover such amount by action
in the appropriate district court. Any person, firm or corporation against
whom the department has assessed a civil penalty under this chapter may,
within twenty-eight (28) days of the final agency action making the
assessment, seek judicial review of the assessment in accordance with the
provisions of chapter 52, title 67, Idaho Code. Moneys collected for
violations of this chapter, or rules promulgated under this chapter, shall be
deposited in the state treasury and credited to the livestock disease control
and T.B. indemnity fund. If the director determines that a person, firm or
corporation has not complied with this chapter, or the rules promulgated under
this chapter, the director shall identify appropriate corrective actions. The
director may develop a formal compliance schedule to correct deficiencies
caused by noncompliance. The director may, through a formal compliance
schedule, allow all or part of the value of the assessed civil penalties to
apply toward correction of the deficiencies.
(2) Nothing in this section requires 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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