CHAPTER 12:13:05

ASSESSMENT OF DELINQUENT FEE

Section

12:13:05:01        Assessment of delinquent fee.

12:13:05:02        Notice of delinquent fee.

12:13:05:03        Hearing request.

12:13:05:04        Commission decision.

          12:13:05:01.  Assessment of delinquent fee. The fee assessed upon any purchaser or grower who has failed to file a fee report or fee as required by chapter 12:13:02 or 12:13:03 shall be based upon the past sales of the purchaser or grower, applicable fee invoices, and any other relevant information.

          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 38-10-33.

          12:13:05:02.  Notice of delinquent fee. Upon making an assessment pursuant to the provisions of SDCL 38-10-33, the director shall, by certified mail, send a notice of delinquent fee to the purchaser or grower at his last known address. The notice shall include the following:

          (1)  A statement of the fee assessed;

          (2)  The penalty assessed;

          (3)  For what period of time the fee is delinquent;

          (4)  The basis for the fee; and

          (5)  A statement that the fee is due within 10 days after the receipt of the notice.

          The notice shall indicate that the purchaser may request a hearing before the commission according to the provisions of § 12:13:05:03.

          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 38-10-33.

          12:13:05:03.  Hearing request. A purchaser or grower who has received a notice of delinquent fee may request, in writing, a hearing before the commission. The request shall be filed with the commission within 10 days after receipt of the notice of delinquent fee. The request shall contain the following information:

          (1)  The name and address of the purchaser or grower;

          (2)  A statement of why the fee is not delinquent or why the delinquent assessment or penalty is not reasonable;

          (3)  The signature of the person or authorization of the group filing the request; and

          (4)  The notarization of the signature or authorization.

          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 38-10-33.

          12:13:05:04.  Commission decision. The commission shall render a decision within 30 days from the hearing. The decision shall be in writing and shall indicate the amount of any delinquent fee and penalty assessed against the purchaser or grower. The decision shall be served on the purchaser or grower by certified mail.

          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 38-10-33.