§ 36-25-10 — Enforcement orders - Administrative hearing - Penalty

1. The board may order any elk brought into this state in violation of this chapter or rules
adopted by the board to be returned to the state of origin or to be slaughtered. The
owner of the elk has the right to an administrative hearing on an order of the board in
the manner provided in chapter 28-32 if the owner makes a written request for a
hearing to the board within ten days after service of the order. If the owner does not
request a hearing and if the owner fails to comply with the order, the state veterinarian
shall carry out the order. The owner is liable to the board for all costs, including
disease testing, incurred in carrying out the order.
2. If the board finds that a person has brought elk into this state, kept elk, or received elk
in violation of this chapter or rules adopted by the board, the board may assess that
person a civil penalty in an amount up to five thousand dollars per violation. Any
person aggrieved by a decision of the board may appeal the decision as provided in
chapter 28-32. The civil penalty assessed under this subsection must be in addition to
any costs incurred by the board for enforcement of the order.
3. Any person who knowingly violates this chapter or any rule of the board is guilty of an
infraction.