2005 Idaho Code - 22-1104 — VIOLATION OF RULES -- CIVIL PENALTY

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 11
                            ORGANIC FOOD PRODUCTS
    22-1104.  VIOLATION OF RULES -- CIVIL PENALTY. Any person violating a rule
promulgated by the director to implement provisions of this chapter 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 department is unable to collect such civil
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 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 violation of a rule or regulation shall be deposited
in the state treasury and credited to the organic food products administration
account of the department.