2005 Idaho Code - 54-1920 — PENALTIES -- INJUNCTION

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 19
                           PUBLIC WORKS CONTRACTORS
    54-1920.  PENALTIES -- INJUNCTION. (1) Any person, firm, copartnership,
corporation, limited liability company, limited liability partnership,
association or other organization acting in the capacity of a public works
contractor within the meaning of this chapter, without a license as herein
provided, shall be guilty of a misdemeanor and shall, upon conviction thereof,
be punished by a fine not to exceed five thousand dollars ($5,000) or by
imprisonment in the county jail for a term not to exceed one (1) year or by
both such fine and imprisonment, at the discretion of the court. The same
penalties shall apply, upon conviction to any member of a copartnership, or to
any construction, managing or directing officer of any corporation, limited
liability company or limited liability partnership, or other organization
consenting to, participating in, or aiding or abetting any such violation of
this chapter.
    (2)  Every public officer who knowingly lets a public contract to any
person, firm, copartnership, corporation, limited liability company, limited
liability partnership, association or other organization who does not hold a
license as required by the provisions of this chapter shall be guilty of a
misdemeanor and upon conviction, punishable as provided in this section,
unless, however, there be no qualified bidder willing to undertake the public
works covered by the contract. No person engaged in the business or acting in
the capacity of a contractor, may bring or maintain any action in any court of
this state for the collection of compensation for the performance of any act
or contract for which a license is required by this chapter without alleging
and providing that he was a duly licensed contractor at all times during the
performance of such act or contract.
    (3)  In addition to any other penalties specified in this section,
whenever any person violates the provisions of this chapter by acting as a
public works contractor without a license, the administrator may maintain an
action in the name of the state of Idaho to enjoin the person from any further
violations. Such action may be brought either in the county in which the acts
are claimed to have been or are being committed, in the county where the
defendant resides or in Ada county. Upon the filing of a verified complaint in
the district court, the court, if satisfied that the acts complained of have
been or probably are being or may be committed, may issue a temporary
restraining order and/or preliminary injunction, without bond, enjoining the
defendant from the commission of any such act or acts constituting the
violation. A copy of the complaint shall be served upon the defendant and the
proceedings shall thereafter be conducted as in other similar civil actions.
If the commission of the act or acts is established, the court shall enter a
decree permanently enjoining the defendant from committing such act or acts.
If an injunction issued under the provisions of this section is violated, the
court, or the judge thereof at chambers, may summarily try and punish the
offender for contempt of court.