22-3423. PENALTY FOR VIOLATIONS. (1) Any person who shall forge, alter, counterfeit, simulate or falsely represent, or who shall without proper authority use any license issued by the director under this act, or who shall violate or fail to comply with any provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or imprisoned in the county jail for not less than three (3) months nor more than twelve (12) months or be subject to both such fine and imprisonment.
(2) Any person who violates or fails to comply with any provision of this act or any rules promulgated under this act may be assessed a civil penalty by the department or its duly authorized agent of not more than three thousand dollars ($3,000) for each offense and shall be liable for reasonable attorney fees. Assessment of a civil penalty may be made in conjunction with any other department administrative action. No civil penalty may be assessed unless the person charged was given notice and opportunity for a hearing pursuant to the Idaho administrative procedure act. If the department is unable to collect such penalty or if any person fails to pay all or a set portion of the civil penalty as determined by the department, it may recover such amount by action in the appropriate district court. Any 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 by the department to have occurred. Moneys collected for violation of a rule shall be deposited in the state treasury and credited to the pesticide account of the department.
(3) Nothing in this chapter shall be construed as requiring the director to report minor violations for prosecution when he believes that the public interests will be best served by suitable warnings or other administrative action.
History:
[22-3423, added 1976, ch. 190, sec. 2, p. 704; am. 1990, ch. 269, sec. 3, p. 763; am. 1996, ch. 22, sec. 16, p. 56.]
Structure Idaho Code
Title 22 - AGRICULTURE AND HORTICULTURE
Chapter 34 - PESTICIDES AND CHEMIGATION
Section 22-3401 - DEFINITIONS.
Section 22-3402 - REGISTRATION — LABELS — INFORMATION REQUIRED — FEES.
Section 22-3403 - EXPERIMENTAL PERMITS.
Section 22-3404 - PESTICIDE AND CHEMIGATION APPLICATORS — CLASSIFICATION LICENSING REQUIREMENTS.
Section 22-3406 - PESTICIDE DEALERS.
Section 22-3406A - RESPONSIBILITIES OF CHEMICAL SUPPLIERS.
Section 22-3406B - CHEMIGATOR RESPONSIBILITIES.
Section 22-3407 - REQUALIFICATION.
Section 22-3407B - DEPARTMENT TO COMPILE LIST.
Section 22-3408 - STOP SALE, USE OR REMOVAL ORDER AND CHEMIGATION STOP WORK ORDER.
Section 22-3409 - DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE OR PERMIT.
Section 22-3410 - RECIPROCITY.
Section 22-3411 - CHANGE OF ADDRESS OR PLACE OF BUSINESS.
Section 22-3412 - DELEGATION OF DUTIES.
Section 22-3413 - CONTAINER DISPOSAL.
Section 22-3415 - FEES COLLECTED — DISPOSITION.
Section 22-3416 - COOPERATION WITH OTHER AGENCIES.
Section 22-3417 - DAMAGE CLAIMS.
Section 22-3417A - LIABILITY LIMITED.
Section 22-3418 - RESTRICTED PESTICIDE USE.
Section 22-3419 - PROCEDURE FOR ESTABLISHING A RESTRICTED AREA.
Section 22-3420 - PROHIBITED ACTS.
Section 22-3421 - ADOPTION AND SCOPE OF RULES.
Section 22-3422 - PENALTIES FOR OPERATING WITHOUT LICENSE.
Section 22-3423 - PENALTY FOR VIOLATIONS.
Section 22-3424 - REVIEW OF ACTION OF DIRECTOR.