38-1221. COMMENCEMENT OF CIVIL ENFORCEMENT ACTIONS — CRIMINAL ACTIONS AND PENALTIES AUTHORIZED — DUTIES OF ATTORNEY GENERAL AND PROSECUTING ATTORNEYS. (a) Upon request of the board or the chairman, it shall be the duty of the attorney general to institute and prosecute civil enforcement actions as provided in section 38-1220A, Idaho Code. In addition, when deemed by the chairman to be necessary, the chairman may retain private counsel to institute and prosecute civil enforcement actions as provided in section 38-1220A, Idaho Code.
(b) In addition to the above, any person who shall practice, or offer to practice log scaling in this state without being licensed, having a temporary permit or being an apprentice, in accordance with the provisions of this act or any rule, regulation, order or license issued or promulgated thereunder, or any person who shall attempt to use an expired or revoked certificate of registration or practice at any time during a period the board has suspended or revoked his certificate of registration, or any person who shall violate any of the provisions of this act or any rule, regulation, order or license issued or promulgated thereunder, shall be guilty of a misdemeanor, and shall, upon conviction, be sentenced to pay a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). A prosecution for a misdemeanor under this chapter must be commenced by the filing of the complaint or the finding of an indictment within two (2) years after its commission.
The attorney general of this state or any assistant designated by him shall act as legal advisor of the board; and all criminal actions for violations of the provisions of this act shall be prosecuted by the prosecuting attorney of the county or counties in which the violations of the act may be committed.
History:
[38-1221, added 1969, ch. 91, sec. 22, p. 305; am. 1986, ch. 243, sec. 2, p. 662; am. 1993, ch. 91, sec. 1, p. 219.]
Structure Idaho Code
Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS
Section 38-1201 - LOG SCALING PRACTITIONERS — LICENSE REQUIREMENT.
Section 38-1202 - DEFINITIONS.
Section 38-1203 - IDAHO BOARD OF SCALING PRACTICES — MEMBERS — TERMS.
Section 38-1204 - QUALIFICATIONS.
Section 38-1205 - COMPENSATION.
Section 38-1206 - REMOVAL — VACANCIES.
Section 38-1207 - MEETINGS — OFFICERS — QUORUM.
Section 38-1209 - LEVY OF ASSESSMENT — BUDGET — HEARING — FUNDS — BOND OF SECRETARY — SALARY.
Section 38-1211 - ROSTER OF LICENSED SCALERS.
Section 38-1212 - APPLICANTS ELIGIBLE FOR LICENSE.
Section 38-1213 - APPLICATION FORMS — FEE.
Section 38-1214 - EXAMINATIONS — CERTIFICATE OF REGISTRATION.
Section 38-1215 - CHECKSCALERS — APPOINTMENT — CHECKSCALING CRITERIA — REPORT — BOND.
Section 38-1216 - APPRENTICESHIP CERTIFICATES — TEMPORARY PERMITS.
Section 38-1217 - EXPIRATION OF CERTIFICATE OF REGISTRATION — RENEWAL — FEES.
Section 38-1218 - REVOCATION OR SUSPENSION OF CERTIFICATE.
Section 38-1219 - REISSUANCE OR REINSTATEMENT.
Section 38-1220 - SCALING METHODS USED.
Section 38-1220A - INSPECTION — INVESTIGATION — VIOLATIONS — ENFORCEMENT — PENALTY.
Section 38-1222 - APPEAL FROM CHECKSCALE TO BOARD — APPEAL FROM BOARD TO COURT.