38-1220A. INSPECTION — INVESTIGATION — VIOLATIONS — ENFORCEMENT — PENALTY. (a) The chairman of the Idaho board of scaling practices shall cause investigations to be made upon the request of the board or upon receipt of information concerning an alleged violation of this chapter or of any rule, order or license issued or promulgated thereunder, and may cause to be made such other investigations as the chairman shall deem advisable.

(b) The chairman or the chairman’s designee shall have the authority to:

(1) Conduct a program of continuing surveillance and of regular or periodic inspection of log scaling sites.

(2) Enter at all reasonable times upon any private or public property for the purpose of inspecting or investigating to ascertain possible violations of this chapter or of any rule, order or license issued or promulgated thereunder.

(c) Whenever the chairman determines that any person or legal entity is in violation of any provisions of this chapter or any rule, order or license issued or promulgated pursuant to this chapter, the chairman may initiate a civil enforcement action through the attorney general and/or a criminal action through the prosecuting attorney as provided in section 38-1221, Idaho Code. Civil enforcement actions shall be commenced and prosecuted in the district court in and for the county in which the alleged violation occurred, and may be brought against any person or legal entity who is alleged to have violated any provisions of this chapter or any rule, order or license which has become effective pursuant to this chapter. Such action may be brought to compel compliance with any provisions of this chapter or any rule, order or license issued or promulgated hereunder and for any relief or remedies authorized in this chapter. Except as provided in section 38-1218, Idaho Code, the chairman shall not be required to initiate or prosecute an administrative action before initiating a civil enforcement action.

(d) Any person or legal entity determined in a civil enforcement action to have violated any provision of this chapter or any rule, order or license issued or promulgated pursuant to this chapter shall be liable for a civil penalty not to exceed five thousand dollars ($5,000) per violation or five hundred dollars ($500) for each day of a continuing violation, whichever is greater. The method of recovery of said penalty shall be by a civil enforcement action in the district court in and for the county where the violation occurred. All civil penalties collected under this chapter shall be paid into the state scaling account.

(e) In addition to such civil penalties, any person or legal entity who has been determined to have violated the provisions of this chapter or any rule, order or license issued or promulgated pursuant to this chapter, shall be liable for any expense, including reasonable attorney’s fees, incurred by the state in enforcing this chapter.

(f) No action taken pursuant to the provisions of this chapter shall relieve any person or legal entity from any civil action and damages that may exist for damage resulting from any violation of this chapter or any rule, order or license issued or promulgated thereunder.

History:

[38-1220A, added 1979, ch. 303, sec. 4, p. 824; am. 1986, ch. 243, sec. 1, p. 661; am. 2008, ch. 200, sec. 6, p. 648.]