AGRICULTURE AND HORTICULTURE
22-1213. Penalty for violations. (1) Any person who shall violate or aid in the violation of any of the provisions of this chapter, any rules promulgated pursuant thereto, or the terms of any licensing agreement may be assessed a civil penalty by the commission or its duly authorized agent of not more than one thousand dollars ($1,000) for each offense and a civil penalty of not more than one thousand dollars ($1,000) for each day of continuing violation of such statute or rule or licensing agreement and shall be liable for investigatory costs and attorney’s fees reasonably incurred by the commission in connection with the violation.
(2) For purposes of this section, each container of potatoes in violation of this chapter, rules or any licensing agreement, shall constitute a separate violation for each day the container is in violation thereof.
(3) Procedure. No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to chapter 52, title 67, Idaho Code. If the commission or its agent is unable to collect such civil penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the commission or its agent, it may enforce its penalty by action in the appropriate district court. Any person against whom the commission or its agent has assessed a civil penalty pursuant to this section may, within twenty-eight (28) days of the final agency action making the assessment, appeal the assessment in accordance with chapter 52, title 67, Idaho Code. All penalties collected pursuant to this section shall be paid into the general fund of the Idaho potato commission. Nothing contained in this section shall be deemed to preclude the commission from pursuing any other civil or criminal remedies available to it as provided by law.
[22-1213, added 1939, ch. 172, sec. 14, p. 312; am. 1991, ch. 40, sec. 1, p. 79; am. 1993, ch. 216, sec. 3, p. 590; am. 1994, ch. 48, sec. 2, p. 79; am. 2004, ch. 188, sec. 5, p. 586.]