12:15:01:01.  Definitions. Terms defined in SDCL 1-26 and 38-27-1 have the same meaning when used in this article. In addition, as used in this article, "check-off fee" means the assessment imposed by SDCL 38-27 which a first purchaser must collect on all oilseeds marketed to the first purchaser in the state.

          Source: 12 SDR 125, effective February 2, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 37 SDR 133, effective January 18, 2011.

          General Authority: SDCL 38-27-8.1, 38-27-14.

          Law Implemented: SDCL 38-27-8, 38-27-11, 38-29-12.

          12:15:01:02.  Obtaining a declaratory ruling. A person may request the council to issue a decision on the applicability of any statutory provision, rule, or order pertaining to a stated factual situation by submitting a written petition to the council containing the following information:

          (1)  The state statute or council rule or order in question;

          (2)  The name and address of the person, agency, or group submitting the petition;

          (3)  The facts and circumstances which give rise to the issue to be answered by the council's declaratory ruling;

          (4)  A description of the action requested of the council and a statement of the reasons why the action should be taken;

          (5)  The signature of the person filing the petition or the authorization of the group or agency making the petition; and

          (6)  The notarization of the signature or authorizations.

          Source: 12 SDR 125, effective February 2, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 37 SDR 133, effective January 18, 2011.

          General Authority: SDCL 1-26-15, 38-27-8.1, 38-27-14.

          Law Implemented: SDCL 1-26-15, 38-27-8.1.

          12:15:01:03.  Council action on petition. Upon receipt of the petition, the council may request from the petitioner any additional information it may require for the issuance of its ruling. Within 30 days following receipt of the additional information requested, the council shall issue its declaratory ruling and serve a certified copy by mail upon the petitioner.

          Source: 12 SDR 125, effective February 2, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 37 SDR 133, effective January 18, 2011.

          General Authority: SDCL 1-26-15, 38-27-8.1, 38-27-14.

          Law Implemented: SDCL 1-26-15, 38-27-8.1.

          12:15:01:04.  Petition for contested case hearing. In a contested case as defined in SDCL 1-26-1(2) concerning a refund of check-off fees, a person aggrieved by an action of the council taken without a hearing may, within 30 days following the date of the action, petition the council for a hearing. The hearing shall be held not later than 60 days following receipt of the petition.

          Source: 12 SDR 125, effective February 2, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 37 SDR 133, effective January 18, 2011.

          General Authority: SDCL 38-27-8.1, 38-27-14.

          Law Implemented: SDCL 1-26-16, 38-27-8.1.

          12:15:01:05.  Notice of hearing. At least 20 days before the date set by the council for hearing, the council shall serve by mail a copy of a notice of hearing upon the petitioner and other interested or affected parties.

          Source: 12 SDR 125, effective February 2, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 37 SDR 133, effective January 18, 2011.

          General Authority: SDCL 38-27-8.1, 38-27-14.

          Law Implemented: SDCL 1-26-16, 38-27-8.1.

          12:15:02:01.  Quarterly reports and remittance. Every first purchaser shall submit a quarterly report to the council within 30 days after the end of each calendar quarter if oilseeds were purchased during the quarter. Each first purchaser shall make a report to the council at least once a year. Quarterly reports with required fees shall be submitted to the remittance center at the Department of Revenue in Sioux Falls, which serves as the agent for the council. The report shall be on forms provided by the council and shall contain the following information:

          (1)  The name and address of the first purchaser;

          (2)  Hundredweight of sunflowers, safflowers, and canola purchased on which the check-off fee was collected;

          (3)  Bushels of flax purchased on which the check-off was collected;

          (4)  The total dollar amount of the check-off fee collected;

          (5)  The calendar quarter for which the report is submitted;

          (6)  The date of the report; and

          (7)  The signature of the first purchaser or an authorized representative.

          All check-off fees collected during the calendar quarter for which the report is submitted shall be remitted to the council with the report.

          Source: 12 SDR 125, effective February 2, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 37 SDR 133, effective January 18, 2011.

          General Authority: SDCL 38-27-8.1, 38-27-14.

          Law Implemented: SDCL 38-27-11, 38-27-14.

          12:15:02:01.01.  Collection of fee -- Record of assessment. A first purchaser shall collect the check-off fee from growers by deducting the fee from the purchase price. The amount of fee deducted shall be noted on the grower's check stub or assembly sheet as evidence that the fee has been paid by the grower. The grower's address, date sold, and total hundredweights or bushels sold shall also be recorded on the check stub or assembly sheet. The check stub or assembly sheet constitutes a record of assessment.

          Source: 37 SDR 133, effective January 18, 2011.

          General Authority: SDCL 38-27-8.1, 38-27-14.

          Law Implemented: SDCL 38-27-12, 38-27-14.

          12:15:02:02.  Check-off fee refund application. The check-off fee refund application shall be on forms provided by the council and shall contain the following information:

          (1)  The date or dates of purchase;

          (2)  The name, address, and signature of the grower;

          (3)  Hundredweight of sunflowers, safflowers, and canola purchased;

          (4)  Bushels of flax purchased;

          (5)  The total dollar amount of the fee collected;

          (6)  The name and address of the first purchaser;

          (7)  The date of the application; and

          (8)  A statement showing the refund application is valid for a period of 365 days.

          Source: 12 SDR 125, effective February 2, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 37 SDR 133, effective January 18, 2011.

          General Authority: SDCL 38-27-8.1, 38-27-14, 38-27-16.

          Law Implemented: SDCL 38-27-8, 38-27-11, 38-27-12, 38-27-14, 38-27-16.

          12:15:03:01.  Application for check-off fee refund. An application for a refund of check-off fees shall be made on a form described in § 12:15:02:02. A grower who has sold oilseeds subject to the check-off fee may request a check-off fee refund application from the South Dakota Oilseeds Council.

          Source: 12 SDR 125, effective February 2, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 37 SDR 133, effective January 18, 2011.

          General Authority: SDCL 38-27-8.1, 38-27-14.

          Law Implemented: SDCL 38-27-16.

          12:15:03:02.  Refund of check-off fee. The council shall refund check-off fees within 60 days after receipt of a check-off fee refund application that meets the following requirements:

          (1)  The application is submitted to the council within 60 days after the assessment;

          (2)  The application contains all of the information required by § 12:15:02:02.

          Source: 12 SDR 125, effective February 2, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 37 SDR 133, effective January 18, 2011.

          General Authority: SDCL 38-27-8.1, 38-27-14.

          Law Implemented: SDCL 38-27-16.

          12:15:03:03.  Notice of rejection. If a check-off fee refund application is rejected because it does not meet one or more of the requirements in § 12:15:02:02, a copy of the application with a written notice of reasons for rejection shall be sent to the refund applicant.

          If the application is corrected and returned to the council within 60 days after the assessment or within 30 days after the receipt of the notice of rejection, whichever is later, the council shall refund the check-off fees if the corrected application meets the requirements of subdivision 12:15:03:02(2).

          Source: 12 SDR 125, effective February 2, 1986; 12 SDR 128, 12 SDR 154, effective July 1, 1986; 37 SDR 133, effective January 18, 2011.

          General Authority: SDCL 38-27-8.1, 38-27-14.

          Law Implemented: SDCL 38-27-16.