2005 Idaho Code - 22-619 — REMEDIES FOR VIOLATIONS

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 6
                            COMMERCIAL FERTILIZERS
    22-619.  REMEDIES FOR VIOLATIONS. (1) Any person convicted of violating
any of this chapter or the rules promulgated thereunder or who impedes,
obstructs, hinders, or otherwise prevents or attempts to prevent the director
or a duly authorized agent from the performance of their 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
commercial fertilizer, 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)  Any person who violates or fails to comply with this chapter or any
rules promulgated thereunder 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 for reasonable attorney's 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, chapter 52, title 67, Idaho Code. If the
director is unable to collect the 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 director has assessed a civil penalty under the provisions of
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 the 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)  Each prosecuting attorney to whom any violation is reported shall
cause appropriate proceedings to be instituted and prosecuted in a court of
competent jurisdiction without delay. Before the director reports a violation
for such prosecution, an opportunity shall be given the distributor 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 promulgated under the chapter
notwithstanding the existence of other remedies at law. Said injunction shall
be issued without bond.