2005 Idaho Code - 25-3808 — SUBSEQUENT VIOLATIONS -- PENALTIES

                                  TITLE  25
                                   ANIMALS
                                  CHAPTER 38
                       AGRICULTURE ODOR MANAGEMENT ACT
    25-3808.  SUBSEQUENT VIOLATIONS -- PENALTIES. (1) An agricultural
operation, after having been determined to have committed a first time
violation of the provisions of this chapter, shall be deemed to have committed
a subsequent violation if the operation:
    (a)  Is determined by the department to have committed a subsequent
    violation within a three (3) year period of time; or
    (b)  Failed to comply with an odor management plan developed pursuant to
    section 25-3805, Idaho Code.
    (2)  An agricultural operation, after having been determined to have
committed a first time violation of the provisions of this chapter, may be
deemed to have committed a subsequent violation if the director determines
that the operation has failed to cooperate by failing to submit an acceptable
odor management plan.
    (3)  Those agricultural operations determined to have committed a
subsequent violation of this chapter shall be assessed a civil penalty by the
department or its duly authorized agent not to exceed ten thousand dollars
($10,000) for each offense and be liable for reasonable attorney's fees and
costs.
    (4)  Assessment of a civil penalty as provided herein may be made in
conjunction with any other department administrative action and shall be based
on the severity of the offense and the degree of cooperation with the
department.
    (5)  No civil penalty may be imposed unless the person charged was given
notice and opportunity for a hearing pursuant to the Idaho administrative
procedure act, chapter 52, title 67, Idaho Code.
    (6)  If the department is unable to collect the 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.
    (7)  Any person against whom the department has assessed a civil penalty
under this section may, within thirty (30) days of the final 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.
    (8)  Moneys collected for violations shall be deposited in the state
treasury and credited to the general fund.
    (9)  The imposition or computation of monetary penalties shall take into
account the seriousness of the violation, and such other matters as justice
requires. The director shall prepare a written report setting forth the basis
upon which any monetary penalty is imposed and/or computed and shall retain
the report on file with the department.