Idaho Admin. Code r. 16.02.19.890 - CRIMINAL AND CIVIL PROCEEDINGS
Current through August 30, 2021
The regulatory authority may choose to enforce the provisions of these rules and its administrative orders through the courts. (7-1-21)T
01.
Criminal Proceedings.
Misdemeanor proceedings to enforce these rules, federal regulations, and the
enabling statutes may be instituted as provided in Sections
37-117,
37-119,
37-2103,
and
56-1008,
Idaho Code. These statutes provide for fines or terms of imprisonment that may be
sought through the court of competent jurisdiction. (7-1-21)T
02.
Civil Proceedings. Civil
enforcement actions may be commenced and prosecuted in the district court in the
county where the alleged violation occurred according to Sections
56-1009
and
56-1010,
Idaho Code. The person who is alleged to have violated any statute, rule, federal
regulation, license or order may be charged in the court proceeding. This action
may be brought to compel compliance with these rules, regulations, license or
order for relief or remedies authorized in these rules. (7-1-21)T
03.
Injunctive Relief. In addition
to other remedies provided by law, Section
56-1009,
Idaho Code, allows for a search warrant to gain access and injunctions to be
issued in the name of the state against any person or entity to enjoin them from
violating these rules, regulations, statutes or administrative orders.
(7-1-21)T
Notes
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