36-2117A. CIVIL PENALTY FOR VIOLATIONS. (a) The board or its designated agent may commence and prosecute in district court a civil enforcement action, including obtaining injunctive relief, against any person who is alleged to have violated this chapter or any rule promulgated pursuant to this chapter. The board shall not be required to initiate or prosecute an administrative action before commencing and prosecuting a civil action.
(b) No civil proceeding may be brought to recover for a violation of this chapter or any rule promulgated pursuant to this chapter more than two (2) years from the later of: the date the violation occurred or the date of the criminal conviction pursuant to section 36-2113, Idaho Code.
(c) The civil penalty for violation of the provisions of this chapter or any rule promulgated pursuant to this chapter shall not exceed five thousand dollars ($5,000) for each separate violation.
(d) Any person who is found to have violated any provision of this chapter or any rule promulgated pursuant to this chapter shall be assessed the board’s costs, including the reasonable value of attorneys’ services, for preparing and litigating the case.
(e) Fifty percent (50%) of all moneys collected under this section shall be deposited with the state treasurer, and the state treasurer shall credit the same to the Idaho outfitters and guides board fund, and fifty percent (50%) of the moneys shall go to the general fund in the state operating fund.
History:
[36-2117A, added 1984, ch. 262, sec. 5, p. 636; am. 1988, ch. 269, sec. 12, p. 895; am. 2003, ch. 205, sec. 3, p. 549.]
Structure Idaho Code
Chapter 21 - OUTFITTERS AND GUIDES
Section 36-2101 - DECLARATION OF POLICY.
Section 36-2102 - DEFINITIONS.
Section 36-2104 - LICENSE A PREREQUISITE FOR OUTFITTING AND GUIDING.
Section 36-2105 - CREATION OF IDAHO OUTFITTERS AND GUIDES LICENSING BOARD.
Section 36-2106 - APPOINTMENT AND QUALIFICATION OF MEMBERS — ORGANIZATION OF BOARD.
Section 36-2107 - POWERS AND DUTIES OF BOARD.
Section 36-2108 - APPLICATION FOR LICENSE — CONTENTS — FEE — QUALIFICATIONS — TERM — BOND.
Section 36-2109 - FORM AND TERM OF LICENSE — NOTICE OF DENIAL.
Section 36-2110 - OPERATIONS OF LICENSEES — ADJUSTMENT OF AREA — RULES.
Section 36-2111 - DISPOSITION OF FUNDS — CONTINUING APPROPRIATION.
Section 36-2112 - LICENSED OUTFITTERS MAY ACT AS GUIDES.
Section 36-2113 - REVOCATION OR SUSPENSION OF LICENSE — GROUNDS.
Section 36-2114 - REVOCATION OR SUSPENSION OF LICENSE — REVIEW OF DENIAL OF LICENSE — PROCEDURE.
Section 36-2115 - REVIEW OF BOARD ACTION.
Section 36-2116 - COMPLAINT FOR VIOLATION — PROSECUTION BY COUNTY ATTORNEY.
Section 36-2117 - PENALTY FOR VIOLATIONS — PROSECUTING ATTORNEY TO PROSECUTE.
Section 36-2117A - CIVIL PENALTY FOR VIOLATIONS.
Section 36-2118 - LICENSE A PREREQUISITE FOR RECOVERY OF COMPENSATION.