39-8613. ORDER TO DISCONTINUE OPERATION — NOTICE — CONDITIONS — CONTENTS OF ORDER — RESCISSION OF ORDER — VIOLATION — PENALTY — RANDOM INSPECTIONS. (1) The administrator may order the owner or person operating a conveyance to discontinue the operation of a conveyance, and may place a notice that states that the conveyance shall not be operated, in a conspicuous place in the conveyance if the conveyance:

(a) Has not been constructed, installed, maintained or repaired in accordance with the requirements of this chapter; or

(b) Has otherwise become unsafe.

(2) The administrator’s order is effective immediately and shall not be stayed by a request for an administrative hearing.

(3) The administrator shall prescribe a form for the order to discontinue operation. The order shall specify why the conveyance violates this chapter or is otherwise unsafe.

(4) The administrator shall rescind the order to discontinue operation if the conveyance is fixed or modified to bring it into compliance with this chapter.

(5) An owner or a person that knowingly operates or allows the operation of a conveyance in contravention of an order to discontinue operation, or that removes a notice not to operate, is:

(a) Guilty of a misdemeanor; and

(b) Subject to a civil penalty.

(6) The division may conduct random on-site inspections and tests on existing installations and may witness periodic inspections and testing in order to ensure satisfactory performance.

(7) Administrative hearings of appeals from orders issued by the administrator shall be governed by the provisions of the Idaho administrative procedure act, chapter 67 [52], title 52 [67], Idaho Code.

History:

[39-8613, added 2004, ch. 359, sec. 1, p. 1071.]