TITLE 25

ANIMALS

CHAPTER 11

STATE BRAND BOARD

25-1160.  Brand inspection fees. (1) The maximum fee which shall be charged by the state brand inspector and his deputies for brand inspection shall be:

(a)  One dollar and twenty-five cents ($1.25) for each head of cattle;

(b)   Ten dollars ($10.00) for each head of horses, mules, and asses.

(2)  A minimum fee of twenty dollars ($20.00) shall be charged by the state brand inspector and his deputies for each brand inspection certificate issued, whether for cattle, horses, mules, or asses, or a combination thereof. The minimum brand inspection fee shall apply only in those cases when a brand inspector must travel from his assigned duty post. There shall be an equine farm service fee in an amount to be set by the state brand board, not to exceed fifty-five dollars ($55.00), for each case a brand inspector must travel from his assigned duty post to complete a brand inspection certificate for horses, mules, or asses, which fee shall be in addition to any brand inspection certificate or other written permit requested by the owner or owners of a horse, mule, or ass under any other provisions of law. Livestock auctions and feedlots currently approved by the Idaho state department of agriculture are exempt from the equine farm service fee.

(3)  The minimum fee for brand inspection services at any normally scheduled livestock auction sale is fifty dollars ($50.00) per day and shall be paid by the livestock auction sale, whether or not the inspection fee received from the owners of livestock inspected equals the minimum fee. If the fees paid by the owners of livestock inspected at the sale exceed the minimum fee, the actual amount of fees collected shall be paid, rather than the minimum amount.

(4)  The fee for brand inspection services at any livestock auction sale that is not a normally scheduled livestock auction sale shall be:

(a)  Eighteen dollars ($18.00) per hour for each hour that each brand inspector spends engaged in the performance of brand inspection services at the livestock auction sale;

(b)  A mileage rate as established by the state board of examiners per mile per vehicle for each mile that said brand inspector(s) must travel to and from the sale from his assigned duty post.

The minimum fee, not including mileage, shall be the actual hours worked, or thirty-six dollars ($36.00) per day, or the inspection fees as set forth in subsection (1) of this section, whichever is greater.

(5)  The state brand board may adopt a schedule or schedules of fees that are below the maximum fees and may adjust such schedule or schedules from time to time whenever such board finds that the cost of administering and enforcing the laws of the state of Idaho for brand inspection of livestock can be maintained with such below-maximum fees. All such fees shall be paid by the owner of the cattle, horses, mules, and asses and credited to the state brand account.

(6)  All brand inspection fees, and all other fees required by law to be collected by the brand inspector, are due and payable at the time of inspection, but the brand board may, by rule, allow all of such fees to be paid on a schedule that requires payment at least monthly, after receiving a request for such delayed payment schedule and after such request is approved by the state brand inspector. The brand board may require a security deposit to ensure the prompt payment of all fees owed to the state. Failure to pay as required shall be cause for the brand inspector to file an action in the district court of the county wherein the inspection was made for the amount of all fees owed, plus all costs and reasonable attorney’s fees associated with the action plus interest at the rate specified in section 28-22-104, Idaho Code, on the amount owed from the due date.

(7)  Any brand inspector who must travel beyond the border of the state of Idaho to investigate a possible violation of this chapter is entitled to a mileage rate, as established by the state board of examiners, per mile per vehicle for each mile that the brand inspector must travel to and from his assigned duty post, and eighteen dollars ($18.00) per hour for each hour that each brand inspector spends engaged in the investigation. The minimum fee for each brand inspector, not including mileage, shall be the actual hours worked, or thirty-six dollars ($36.00) per day, or the hourly inspection fees, whichever is greater.

History:

[(25-1160) 25-1106A, as added by 1959, ch. 91, sec. 1, p. 203; am. 1969, ch. 190, sec. 1, p. 559; am. 1973, ch. 168, sec. 4, p. 339; am. 1975, ch. 23, sec. 1, p. 36; am. 1976, ch. 180, sec. 1, p. 652; am. 1977, ch. 183, sec. 4, p. 512; am. 1987, ch. 61, sec. 1, p. 109; am. 1988 & redesignated 25-1160, ch. 75, sec. 31, p. 125; am. 1993, ch. 122, sec. 1, p. 311; am. 1997, ch. 105, sec. 2, p. 247; am. 2000, ch. 80, sec. 1, p. 168; am. 2006, ch. 198, sec. 2, p. 613; am. 2019, ch. 157, sec. 2, p. 510.]