TITLE 25

ANIMALS

CHAPTER 37

DOMESTIC CERVIDAE FARMS

25-3706.  Violations — Civil — Criminal — Penalties for violations. (1) Failure to comply with provisions applicable to domestic cervidae as set forth in chapters 2, 3, 4 and 6 of title 25, Idaho Code, the provisions of this chapter, or rules promulgated thereunder, shall constitute a violation. Civil penalties may be assessed against a violator as follows:

(a)  A civil penalty as assessed by the department or its duly authorized agent not to exceed five thousand dollars ($5,000) for each offense;

(b)  Assessment of a civil penalty may be made in conjunction with any other department administrative action.

(2)  No civil penalty may be assessed against a person unless the person was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act as set forth in chapter 52, title 67, Idaho Code.

(3)  If the department is unable to collect an assessed civil penalty, or if a person fails to pay all or a set portion of an assessed civil penalty as determined by the department, the department may file an action to recover the civil penalty in the district court of the county in which the violation is alleged to have occurred. In addition to the assessed penalty, the department shall be entitled to recover reasonable attorney’s fees and costs incurred in such action or on appeal from such action.

(4)  A person against whom the department has assessed a civil penalty under this section may, within thirty (30) days of the final agency action making the assessment, appeal the assessment to the district court of the county in which the violation is alleged to have occurred.

(5)  Moneys collected pursuant to this section shall be deposited in the state treasury and credited to the livestock disease control and T.B. indemnity fund.

(6)  The imposition or computation of monetary penalties shall take into account the seriousness of the violation, good faith efforts to comply with the law, the economic impact of the penalty on the violator and such other matters as justice requires.

(7)  Nothing in this chapter shall be construed as requiring the director to report minor violations when the director believes that the public interest will be best served by suitable warnings or other administrative action.

(8)  Any person, firm or corporation violating any of the provisions of chapters 2, 3, 4 and 6, title 25, Idaho Code, this chapter, or rules promulgated thereunder by the division of animal industries, applicable to domestic cervidae, shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine of not less than one hundred dollars ($100) nor more than five thousand dollars ($5,000) for each offense.

History:

[(25-3706) (25-3506) R.C., sec. 7153b, as added by 1909, p. 175, sec. 2; reen. C.L., sec. 7153b; C.S., sec. 8544; I.C.A., sec. 17-4204; reen. 1972, ch. 336, sec. 1, p. 884; am. and redesig. 1994, ch. 346, sec. 6, p. 1092; am. 1996, ch. 229, sec. 5, p. 746; am. and redesig. 2001, ch. 128, sec. 1, p. 450; am. 2002, ch. 103, sec. 1, p. 280.]