2005 Idaho Code - 22-2512 — PENALTY FOR VIOLATIONS

                                  TITLE  22
                         AGRICULTURE AND HORTICULTURE
                                  CHAPTER 25
                                BEE INSPECTION
    22-2512.  PENALTY FOR VIOLATIONS. (1) Any person who violates or fails to
comply with any of the provisions of this chapter shall be guilty of a
misdemeanor and upon conviction thereof shall be fined not less than one
hundred dollars ($100) nor more than one thousand dollars ($1,000) or be
imprisoned in the county jail for not less than three (3) months nor 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 of the provisions
of this chapter or any rules promulgated under this chapter may be assessed a
civil penalty by the department or its duly authorized agent of not more than
one hundred dollars ($100) 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. If the department 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 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 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. Moneys
collected for violation of a rule shall be remitted to the agricultural
inspection account.
    (3)  Any bees, colonies, equipment or hives, imported into this state by a
nonresident person, in violation of any provision of this chapter shall be
subject to seizure by the department. Any bees, colonies, equipment or hives
found on any property without the permission of the landowner or not
identified with the owner's name, address, phone and registration numbers or
found to be in violation of this chapter or rules adopted by the department,
shall also be subject to seizure by the department. Any bees, colonies,
equipment or hives not claimed and brought into compliance with the provisions
of this chapter within ninety (90) days from the date of seizure may be sold
at public auction by a sealed bid.
    (4)  Nothing in this chapter shall be construed as requiring 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.