(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, title 52, Idaho Code.
[39-8613, added 2004, ch. 359, sec. 1, p. 1071.]