CHAPTER 12:13:04
CLAIMS FOR FEE REFUND
Section
12:13:04:01 Fee refund application form.
12:13:04:02 Request for application form.
12:13:04:03 Refund of fee.
12:13:04:04 Notice of rejection.
12:13:04:01. Fee refund application form. A grower shall request a refund of the fee collected by the purchaser on forms furnished by the wheat commission and shall indicate the following:
(1) The name and address of the grower;
(2) The name and address of the purchaser;
(3) The date or dates of the purchase;
(4) The number of bushels purchased;
(5) The amount of the fee assessed;
(6) The date of the application; and
(7) The signature of the grower.
The refund application must have check stubs or assembly sheets attached as proof of sale.
Source: 12 SDR 55, effective October 6, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 16 SDR 220, effective July 1, 1990.
General Authority: SDCL 38-10-20.
Law Implemented: SDCL 38-10-34.
12:13:04:02. Request for application form. A grower who has sold or expects to sell wheat subject to a fee may request, orally or in writing, a refund application from the commission. The commission shall supply the application to the grower upon request, unless another refund application form is outstanding for that grower. The commission may not issue a second refund application to a grower who has an application outstanding unless he submits evidence satisfactory to the commission that the first application has been lost or destroyed.
Source: 12 SDR 55, effective October 6, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986.
General Authority: SDCL 38-10-20.
Law Implemented: SDCL 38-10-34.
12:13:04:03. Refund of fee. The wheat commission shall refund the fee within 30 days after receipt of a refund application that meets the following requirements:
(1) The application is submitted to the commission within 60 days after the assessment;
(2) The application is accompanied by check stubs or assembly sheets as described in SDCL 38-10-25 or § 12:13:03:01; and
(3) The application contains all of the information required by § 12:13:04:01.
Source: 12 SDR 55, effective October 6, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 16 SDR 220, effective July 1, 1990.
General Authority: SDCL 38-10-20.
Law Implemented: SDCL 38-10-34.
12:13:04:04. Notice of rejection. If the wheat commission rejects a refund application because it does not meet one or more of the requirements in § 12:13:04:03, the wheat commission shall return the application to the grower with a written notice of rejection containing a statement of the reasons for the rejection. If the application can be corrected and returned to the commission within the 60-day time limit set in SDCL 38-10-34 and it meets all of the requirements of § 12:13:04:03, the wheat commission shall process the application.
Source: 12 SDR 55, effective October 6, 1985; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 16 SDR 220, effective July 1, 1990.
General Authority: SDCL 38-10-20.
Law Implemented: SDCL 38-10-34.
