The director may, upon his own motion, whenever he has reason to believe the provisions of this act have been violated, or upon verified complaint of any person in writing investigate the actions of any market charter holder, and if he finds probable cause to do so, shall file a complaint against the market charter holder which shall be set down for hearing before the director upon fifteen (15) days’ notice served upon such market charter holder either by personal service upon him or by registered mail or telegram prior to such hearing.
The director shall have the power to administer oaths, certify to all official acts and shall have the power to subpoena any person in this state as a witness, to compel the producing of books and papers and to take the testimony of any person on deposition in the same manner as is prescribed by law in the procedure before the courts of this state in civil cases. Processes issued by the director shall extend to all parts of the state and may be served by any person authorized to serve processes. Each witness that shall appear by the order of the director at any hearing shall receive for his attendance the same fees and mileage allowed by law to witnesses in civil cases appearing in the district court, which amount shall be paid by the party at whose request such witness is subpoenaed. When any witness has not been required to attend at the request of any party, but subpoenaed by the director, his fees and mileage shall be paid by the director in the same manner as other expenses of the director are paid.

Terms Used In Idaho Code 25-1732

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Registered mail: includes certified mail. See Idaho Code 73-114
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
    • All powers of the director herein enumerated in respect to administering oaths, power of subpoena, etc., in hearings on complaints shall likewise be applicable to hearings held on applications for the issuance of a market charter.
    Formal finding by the director after due hearing that any market charter holder:
    (a)  Has ceased to conduct a public livestock market business for at least twelve (12) months; or
    (b)  Has been guilty of fraud or misrepresentation as to the titles, charges, number, brands, weights, proceeds of sale or ownership of livestock; or
    (c)  Has violated any of the provisions of this act; or
    (d)  Has violated any of the rules or regulations adopted and published by the director; or
    (e)  Has violated any of the provisions of the United States Packers and Stockyards Act, of 1921, as amended, or regulations relating thereto, shall be deemed a sufficient cause for the suspension or revocation of the market charter of the offending public livestock market operator. Provided, however, that if the director has reasonable cause to believe that a market operator has violated this act or said Packers and Stockyards Act, of 1921, as amended, or regulations pertaining thereto, it may petition the district court of the district in which said market is located to enjoin such violation by filing a verified complaint setting forth the acts constituting such violation. The court, if satisfied from such complaint that the act or acts complained of have been or are being or are about to be committed, may issue a temporary writ without notice or bond enjoining the defendant from operating said market pending a hearing of the director but no longer than twenty-one (21) days. An audit by the packers and stockyards division of the United States department of agriculture of said market shall be prima facie evidence of the facts therein contained. The director shall only use such audit or audits approved by the packers and stockyards division of the United States department of agriculture.