2005 Idaho Code - 54-2118 — VIOLATIONS OF CHAPTER -- REMEDIES AND PENALTIES

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 21
                                VETERINARIANS
    54-2118.  VIOLATIONS OF CHAPTER -- REMEDIES AND PENALTIES. In addition to
the disciplinary actions set forth in section 54-2115, Idaho Code:
    (1) Any person violating the provisions of this chapter, or violating a
rule promulgated by the board to implement the provisions of this chapter may
be assessed a civil penalty by the board or its duly authorized agent of not
more than five thousand dollars ($5,000) for each offense and shall be liable
for investigatory expenses and reasonable paralegal and attorney's fees, and
provided that each act on each day of violation shall constitute a separate
offense. Assessment of a civil penalty may be made in conjunction with any
other board 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 board is unable to collect the
civil penalty, investigatory expenses or reasonable paralegal and attorney's
fees, or if any person fails to pay all of a set portion of the civil penalty
as determined by the board, it may recover such amount by action in the
appropriate district court. Any person against whom the board has assessed a
civil penalty under this section may, within twenty-eight (28) days of the
final agency action making the assessment, appeal the assessment to the
district court of the county in which the board took action.
    (2)  Any person who practices veterinary medicine, any person practicing
as a certified veterinary technician, a certified euthanasia technician or any
agency operating as a certified euthanasia agency without a currently valid,
active license, certification, temporary permit or temporary certification
shall be guilty of a misdemeanor and upon conviction or withheld judgment
shall be fined not less than one hundred dollars ($100), nor more than ten
thousand dollars ($10,000), or incarcerated for no more than one hundred
eighty (180) days, or both fined and incarcerated, and provided that each act
of such unlawful practice shall constitute a distinct and separate offense.
    (3)  The board, the attorney general's office, any district court or
county attorney, or any citizen of this state may bring an action to enjoin
any person from practicing veterinary medicine or practicing as a certified
veterinary technician, certified euthanasia technician, or any agency
operating as a certified euthanasia agency without a currently valid, active
license, certification, temporary permit, or temporary certification. If the
court finds that the person is violating the provisions of this chapter, it
shall enter an injunction restraining that individual from such unlawful acts.
    (4)  The successful maintenance of an action based on any one (1) of the
remedies set forth in this section shall in no way prohibit the prosecution of
an action based on any other of the remedies.