2005 Idaho Code - 25-616 — PENALTY FOR VIOLATIONS

                                  TITLE  25
                                   ANIMALS
                                  CHAPTER 6
                                BANG'S DISEASE
    25-616.  PENALTY FOR VIOLATIONS. (1) Any person, firm, or corporation who
shall fail to do or perform, or who shall not permit another to do or perform,
any act which he or it is required to do or perform under the provisions of
this chapter, or who shall in any manner interfere with the compliance of the
provisions of this chapter by any officer or representative of the department,
veterinary services or commissioners, or who shall refuse to present or
restrain any cattle or other animals for the purpose of identifying, testing,
inspecting, examining, vaccinating, or branding pursuant to the provisions of
this chapter, or who shall remove any eartag from any brucellosis reactor, or
who shall remove the eartag from any animal tested, identified or vaccinated
for brucellosis and place such tag on or in the ear of another animal, or
place a vaccination tag in the ear of an unvaccinated animal  is guilty of a
misdemeanor. Upon conviction, violators are subject to a fine of not less than
one hundred dollars ($100) nor more than five thousand dollars ($5,000) for
each offense, or by imprisonment in the county jail for a period not to exceed
six (6) months.
    (2)  Any person 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 less than one hundred dollars ($100) nor more
than five thousand dollars ($5,000) for each offense. Persons 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
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 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
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 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.
    (3)  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.