TITLE 25

ANIMALS

CHAPTER 40

POULTRY ENVIRONMENTAL ACT

25-4014.  PENALTY FOR VIOLATIONS. Whoever shall violate any of the provisions of this chapter or the rules promulgated hereunder:

(1)  May be assessed a civil penalty by the department or its duly authorized agent of not more than ten thousand dollars ($10,000) for each offense.

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

(3)  No civil penalty may be assessed unless the person, corporation, cooperative or company charged is given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act.

(4)  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.

(5)  Any person against whom the department has assessed a civil penalty under the provisions of this section may, within twenty-eight (28) days of the final action by the agency making the assessment, appeal the assessment to the district court of the county in which the violation is alleged by the department to have occurred.

(6)  Moneys collected for violations pursuant to the provisions of this section shall be deposited in the state treasury and credited to the state school district building account.

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

History:

[25-4014, added 2011, ch. 227, sec. 1, p. 620; am. 2015, ch. 244, sec. 7, p. 1011.]