CHAPTER 12:19:01
ADMINISTRATION
Section
12:19:01:01 Definitions.
12:19:01:02 Obtaining a declaratory ruling.
12:19:01:03 Council action on petition.
12:19:01:04 Petition for contested case hearing.
12:19:01:05 Notice of hearing.
12:19:01:01. Definitions. Terms defined in SDCL 1-26 and 38-32-1 have the same meaning when used in this article. In addition, as used in this article, "checkoff fee" means the assessment imposed by SDCL 38-32-15 upon all corn marketed to a first purchaser within the state.
Source: 15 SDR 54, effective October 13, 1988.
General Authority:SDCL 38-32-14.
Law Implemented:SDCL 38-32-12.
12:19:01:02. 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 authorization.
Source: 15 SDR 54, effective October 13, 1988.
General Authority:SDCL 38-32-14(1).
Law Implemented:SDCL 38-32-14(1).
12:19:01:03. 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 the receipt of the petition or within 30 days following receipt of the additional information requested, the council shall issue its declaratory ruling and serve a copy by mail upon the petitioner.
Source: 15 SDR 54, effective October 13, 1988.
General Authority:SDCL 38-32-14(1).
Law Implemented:SDCL 38-32-14(1).
12:19:01:04. Petition for contested case hearing. In a contested case, as defined in SDCL 1-26-1(2), concerning a refund or checkoff 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: 15 SDR 54, effective October 13, 1988.
General Authority:SDCL 38-32-14(1).
Law Implemented:SDCL 38-32-14(3).
12:19:01:05. 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: 15 SDR 54, effective October 13, 1988.
General Authority:SDCL 38-32-14(1).
Law Implemented:SDCL 38-32-14(3).
CHAPTER 12:19:02
FIRST PURCHASERS
Section
12:19:02:01 Quarterly reports and remittance.
12:19:02:02 Checkoff fee collection.
12:19:02:03 Record of assessment.
12:19:02:01. Quarterly reports and remittance. Each first purchaser shall submit a quarterly report to the council within 30 days after the end of each calendar quarter if corn was purchased during the quarter. Each first purchaser shall make a report to the council at least once a year. 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) The number of bushels of corn acquired which are subject to a checkoff fee;
(3) The total dollar amount of the checkoff fee remitted;
(4) The calendar quarter for which the report is submitted;
(5) The date of the report; and
(6) The signature of the first purchaser.
All checkoff fees collected or owed for the calendar quarter for which the report is submitted shall be remitted to the council with the report.
Source: 15 SDR 54, effective October 13, 1988.
12:19:02:02. Checkoff fee collection. A first purchaser shall collect the checkoff fee from growers by deducting the fee from the purchase price of an identifiable lot or quantity of corn purchased by the first purchaser. The first purchaser shall provide the seller with a receipt of the checkoff. The receipt may be in the form of an identified deduction on the receipt of purchase.
Source: 15 SDR 54, effective October 13, 1988.
General Authority:SDCL 38-32-14.
Law Implemented:SDCL 38-32-16.
12:19:02:03. Record of assessment. The first purchaser shall keep a record of assessment for each corn purchase that includes the number of bushels, the amount of the checkoff fee, the date, and the name of the seller.
Source: 15 SDR 54, effective October 13, 1988.
CHAPTER 12:19:03
CLAIMS FOR REFUND
Section
12:19:03:01 Checkoff fee refund application forms.
12:19:03:02 Notice of correction.
12:19:03:01. Checkoff fee refund application forms. The checkoff fee refund application shall be on forms provided by the council and shall contain the following information:
(1) The date of the checkoff fee refund application;
(2) The name, address, and signature of the grower who paid the fee;
(3) The number of bushels of corn purchased for which a fee was collected;
(4) The total dollar amount of the fee collected;
(5) The name and address of the first purchaser; and
(6) The date or dates of the purchase.
Refund application forms may be obtained from the council by the refund applicant by applying to the council in writing, by phone, or in person.
Source: 15 SDR 54, effective October 13, 1988.
General Authority:SDCL 38-32-14(3).
Law Implemented:SDCL 38-32-14(3), 38-32-20.
12:19:03:02. Notice of correction. If an otherwise correctly returned checkoff fee refund application does not meet one or more of the requirements in § 12:19:03:01, the council shall return a copy of the application to the grower with a written notice of correction containing a statement of the additional information required. If the application is corrected and returned to the council within 30 days after the receipt of the notice of correction, the council shall refund the checkoff fees according to SDCL 38-32-20.
Source: 15 SDR 54, effective October 13, 1988.
General Authority:SDCL 38-32-14(3).
Law Implemented:SDCL 38-32-14(3), 38-32-20.
CHAPTER 12:19:04
ENFORCEMENT
Section
12:19:04:01 Notice of delinquent assessment.
12:19:04:02 Hearing request.
12:19:04:03 Hearing.
12:19:04:04 Council decision.
12:19:04:01. Notice of delinquent assessment. Assessments which are not remitted as required by § 12:19:02:01 are delinquent. The council shall, by certified mail, send a notice of delinquent assessment to the first purchaser at his last known address. The notice shall include the following:
(1) A statement of the assessment;
(2) The period of time the assessment is delinquent;
(3) The basis for the assessment; and
(4) A statement that the assessment is due within ten days after the receipt of the notice.
The notice shall indicate that the first purchaser may request a hearing before the council according to the provisions of § 12:19:04:02.
Source: 15 SDR 54, effective October 13, 1988.
General Authority:SDCL 38-32-14(4).
Law Implemented:SDCL 38-32-14(4).
12:19:04:02. Hearing request. A first purchaser who has received a notice of delinquent assessment may request, in writing, a hearing before the council. The request shall be filed with the council within ten days after receipt of the notice of delinquent assessment. The request shall contain the following information:
(1) The name and address of the first purchaser;
(2) A statement that explains why the action of the council is not appropriate;
(3) The signature of the person or authorization of the group filing the request; and
(4) The notarization of the signature or authorization.
Source: 15 SDR 54, effective October 13, 1988.
General Authority:SDCL 38-32-14(4).
Law Implemented:SDCL 38-32-14(4).
12:19:04:03. Hearing. The council shall hold a hearing in accordance with SDCL 1-26 within 90 days after receiving a hearing request that is in accordance with § 12:19:04:02.
Source: 15 SDR 54, effective October 13, 1988.
General Authority:SDCL 38-32-14(4).
Law Implemented:SDCL 38-32-14(4).
12:19:04:04. Council decision. The council shall make a decision within 30 days after the hearing. The decision shall be in writing and shall be served on the first purchaser by certified mail.
Source: 5 SDR 54, effective October 13, 1988.
General Authority:SDCL 38-32-14(4).
Law Implemented:SDCL 38-32-14(4).
CHAPTER 12:19:05
ELECTION OF COUNCIL MEMBERS
Section
12:19:05:01 Nomination of additional director candidates.
12:19:05:01. Nomination of additional director candidates. The nominations for additional director candidates shall be on a form provided by the council. Nominating petitions shall be filed with the council not later than 5:00 p.m. on the 30th day before the date of election. If a petition is mailed to the council office by registered mail by 5:00 p.m. on the filing date, it shall be considered filed.
Source: 15 SDR 54, effective October 13, 1988.
General Authority:SDCL 38-32-8.
Law Implemented:SDCL 38-32-8.
