2005 Idaho Code - 47-325 — POWERS OF COMMISSION -- WITNESSES -- PENALTY

                                  TITLE  47
                               MINES AND MINING
                                  CHAPTER 3
                        OIL AND GAS WELLS -- GEOLOGIC
                     INFORMATION, AND PREVENTION OF WASTE
    47-325.  POWERS OF COMMISSION -- WITNESSES -- PENALTY. (a) The commission
shall have the power to summon witnesses, to administer oaths, and to require
the production of records, books, and documents for examination at any hearing
or investigation conducted by it.
    (b)  In case of failure or refusal on the part of any person to comply
with a subpoena issued by the commission, or in case of refusal of any witness
to testify as to any matter regarding which he may be interrogated, any
district court in the state, upon the application of the commission, may in
term time or vacation issue an attachment for such person and compel him to
comply with such subpoena, and to attend before the commission and produce
such records, books, and documents for examination, and to give his testimony.
Such court shall have the power to punish for contempt as in the case of
disobedience to a like subpoena issued by the court, or for refusal to testify
therein.
    (c)  Whenever it shall appear that any person is violating or threatening
to violate any provision of this act or any rule, regulation, or order made
hereunder, the commission shall bring suit in the name of the state against
such person in the district court in the county of the residence of the
defendant, or in the county of the residence of any defendant, if there be
more than one defendant, or in the county where the violation is alleged to
have occurred, to restrain such person from continuing such violation or from
carrying out the threat of violation. In such suit, the court may grant
injunctions, prohibitory and mandatory, including temporary restraining orders
and temporary injunctions.
    (d)  Nothing in this act, and no suit by or against the commission, and no
violation charged or asserted against any person under any provisions of this
act, or any rule, regulation or order issued hereunder, shall impair or
abridge or delay any cause of action for damages which any person may have or
assert against any person violating any provision of this act, or any rule,
regulation, or order issued thereunder. Any person so damaged by the violation
may sue for and recover such damages as he otherwise may be entitled to
receive. In the event the commission shall fail to bring suit to enjoin any
actual or threatened violation of this act, or of any rule, regulation or
order made hereunder, then any person or party in interest adversely affected
and who has, ten (10) days or more prior thereto, notified the commission in
writing of such violation or threat thereof and has requested the commission
to sue, may, to prevent any or further violation, bring suit for that purpose
in the district court of any county in which the commission could have brought
suit. If, in such suit, the court holds that injunctive relief should be
granted, then the commission shall be made a party and shall be substituted
for the person who brought the suit, and the injunction shall be issued as if
the commission had at all times been the complaining party.