TITLE 71

WEIGHTS AND MEASURES

CHAPTER 3

ENFORCEMENT AND PENALTIES

71-308.  Review of orders — Appeal. (1) Any person aggrieved by any "stop-use order," "stop-removal order," "removal order," "rejection," "condemnation," "off sale order" or other action or investigation made or done pursuant to this act may within thirty (30) days after an order is issued or any action is taken, petition the director for a hearing to determine the matter as provided for in relation to contested cases by chapter 52, title 67, Idaho Code, and may thereafter as provided for in chapter 52, title 67, Idaho Code, appeal any decision of the director.

(2)  The director shall give due notice and hold a hearing within ten (10) days after confiscating any apparatus or commodity under section 71-117[, Idaho Code,] or seizing any apparatus of [or] commodity for evidence under section 71-118[, Idaho Code]. Said hearing shall be held under the provisions of chapter 52, title 67, Idaho Code, and shall be for the purpose of determining whether any such commodity or apparatus was properly confiscated or seized, and to determine whether or not such commodity or apparatus was used for, or is in, violation of any provision of this act, and to determine the disposition to be made of such commodity or apparatus. Any such decision may be appealed from as provided for in chapter 52, title 67, Idaho Code.

History:

[71-308, added 1969, ch. 43, sec. 33, p. 108.]