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AGO Opinion 82295

December 30, 1982
Senator Tom Vickers

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,

Attorney General

Bernard L. Packett
Assistant Attorney General