2005 Idaho Code - 22-2409 — PENALTIES FOR VIOLATIONS

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 24
                                NOXIOUS WEEDS
    22-2409.  PENALTIES FOR VIOLATIONS. (1) Any person who violates any
provision of this chapter, or any rules promulgated hereunder for carrying out
the provisions of this chapter, or who fails or refuses to comply with any
requirements herein specified, or who interferes with the control authority as
defined in section 22-2402, Idaho Code, its agents or employees, in the
execution, or on account of the execution of their duties under this chapter
or rules promulgated hereunder, shall be guilty of a misdemeanor and upon
conviction thereof, shall be fined not more than three thousand dollars
($3,000) or be imprisoned in a county jail for not more than twelve (12)
months or be subject to both such fine and imprisonment.
    (2)  Any person who violates or fails to comply with any provision of this
chapter or any rules promulgated hereunder may be assessed a civil penalty by
the control authority of not more than ten thousand dollars ($10,000) for each
offense and shall be liable for reasonable attorney's fees.
    (a)  Assessment of a civil penalty may be made in conjunction with any
    other administrative action.
    (b)  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.
    (c)  If the control authority is unable to collect such penalty or if any
    person fails to pay all or a set portion of the civil penalty as
    determined by the control authority, it may recover such amount by action
    in the appropriate district court.
    (d)  Any person against whom the control authority has assessed a civil
    penalty under the provisions of this section may, within thirty (30) days
    of the final action by the control authority making the assessment, appeal
    the assessment to the district court of the county in which the violation
    is alleged by the control authority to have occurred.
    (e)  All civil penalties collected pursuant to this section shall be
    remitted to the applicable fund or account as defined in section 22-2402,
    Idaho Code.
    (3)  Nothing in this chapter shall be construed as requiring the control
authority to report minor violations for prosecution when the control
authority believes that the public interest will be best served by suitable
warnings or other administrative action.
    (4)  The control authority may bring an action to enforce the provisions
of this chapter, and the penalty provided for under this section.