2005 Idaho Code - 47-326 — ACTIONS AGAINST THE COMMISSION -- APPEALS -- FALSIFICATION OF RECORDS -- LIMITATION OF ACTIONS

                                  TITLE  47
                               MINES AND MINING
                                  CHAPTER 3
                        OIL AND GAS WELLS -- GEOLOGIC
                     INFORMATION, AND PREVENTION OF WASTE
    47-326.  ACTIONS AGAINST THE COMMISSION -- APPEALS -- FALSIFICATION OF
RECORDS -- LIMITATION OF ACTIONS. (a) Any person adversely affected by any
rule, regulation or order made or issued under this act, may within ninety
(90) days after the entry thereof bring a civil suit or action against the
commission in the district court of Ada county, or in the district court of
the county in which the complaining person resides, or in the U.S. district
court for Idaho (if it otherwise has jurisdiction), and not elsewhere, to test
the validity of any provision of this act, or rule, regulation or order, or to
secure an injunction or to obtain other appropriate relief, including all
rights of appeal.
    (b)  An action or appeal involving any provision of this act, or a rule,
regulation or order shall be determined as expeditiously as feasible. The
trial court shall determine the issues on both questions of law and fact and
shall affirm or set aside such rule, regulation or order, or remand the cause
to the commission for further proceedings. Such court is hereby authorized to
enjoin permanently the enforcement by the commission of this act, or any part
thereof, or any act done or threatened thereunder, if the plaintiff shall show
that as to him the act or conduct complained of is unreasonable, unjust,
arbitrary or capricious, or violates any constitutional right of the plaintiff
or if the plaintiff shows that the act complained of does not constitute or
result in waste, or does not in a reasonable manner accomplish an end that is
the subject matter of this act.
    (c)  Any person who, for the purpose of evading this act or any rule,
regulation or order of the commission shall make or cause to be made any false
entry in any report, record, account, or memorandum required by this act, or
by any such rule, regulation or order, or shall omit, or cause to be omitted,
from any such report, record, account, or memorandum, full, true and correct
entries as required by this act, or by any such rule, regulation or order, or
shall remove from this state or destroy, mutilate, alter or falsify any such
record, account, or memorandum, shall be guilty of a misdemeanor and, upon
conviction, shall be subject to a fine of not more than five thousand dollars
($5,000) or imprisonment for a term not exceeding six (6) months, or to both
such fine and imprisonment.
    (d)  No suit, action or other proceeding based upon a violation of this
act or any rule, regulation or order of the commission hereunder shall be
commenced or maintained unless same shall have been commenced within one (1)
year from date of the alleged violation.