Attorney General Opinions

Attorney General opinions.

Sign up for Consumer Alerts

Stay informed on the latest consumer scams.

Attorney General Newsletter

Get updates on the Nebraska Attorney General's Office.

AGO Opinion 82295

December 30, 1982
REQUESTED BY:
Senator Tom Vickers

OPINION:
Member of the Legislature
State Capitol Building
Lincoln, Nebraska 68509
Dear Senator :
This is in reply to your inquiry concerning proposed amendments to, tile Weed Eradication and Control Act.
Specifically you have asked how far a local administrative agency, such as a weed ,--control authority, may in assessment and collection of fines.
From our examination of your pr,-,posed amendments, your intent appears to be to make the failure t,z, control noxious weeds a continuing misdemeanor, subject to, a fine of up to, $50.00 per day. This price, vision for a penalty appears to be not withstanding, and in addition to,, the penalty provided in 3 2-963.
In answer to your specific question, we are nct, aware of any authority for an administrative agency to assess and collect fines for the violation of provision of our laws. When a violation of provisions of our statutes occur, it is the responsibility of the county attorneys to initiate a complaint and only the courts have authority to impose these fines and penalties, as provided by law.

Very truly yours,

PAUL L. DOUGLAS
Attorney General

Bernard L. Packett
Assistant Attorney General