concurring specially.
I agree that the district court was correct in dismissing this case. I.C. § 49-2403 provides that the Idaho Transportation Department and an advisory board created pursuant to I.C. § 49-2404 “are hereby charged with the administration of this act.” I.C. § 49-2403. In light of this legislative mandate, the Idaho Department of Transportation has primary jurisdiction in this matter and Christensen Motor Sales, Inc., must exhaust its administrative remedies before seeking judicial relief. See Grever v. Idaho Telephone Co., 94 Idaho 900, 902, 499 P.2d 1256, 1258 (1972). The administrative agency may then determine any appropriate remedy under I.C. § 49-2419, the statute setting forth the penalties for violation of any provision of this act. Further judicial review may then be accorded pursuant to I.C. § 67-5215, allowing any aggrieved party to appeal from the administrative decision to the district court.