39-51-309. Representation of department and state in court. (1) In any civil action to enforce the provisions of this chapter, the department and the state may be represented by any qualified attorney who is employed by the department and is designated by it for this purpose or, at the department's or board's request, by the attorney general.

(2) All criminal actions for violation of any provision of this chapter or of any rules issued pursuant to this chapter must be prosecuted by the attorney general of the state or, at the attorney general's request and under the attorney general's direction, by the county attorney of the county in which the crime was committed.