CHAPTER 12:80:01
ADMINISTRATION
Section
12:80:01:01 Definitions.
12:80:01:02 Obtaining a declaratory ruling.
12:80:01:03 Council action on petition.
12:80:01:04 Petition for contested case hearing.
12:80:01:05 Notice of hearing.
12:80:01:01. Definitions. Terms defined in SDCL 38-34-1 have the same meaning when used in this article. In addition, as used in this article, the term, assessment on pulse crops, means the assessment imposed by SDCL 38-34-15 upon all dry peas, lentils, chickpeas, and lupines marketed to a first purchaser within the state.
Source:
33 SDR 117, effective January 8, 2007.
General
Authority: SDCL 38-34-8.
Law
Implemented: SDCL 38-34-8, 38-34-15.
12:80:01:02. Obtaining a declaratory ruling. A person may
request the council to issue a decision on the applicability of any statutory
provision, rules, 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 fact 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:
33 SDR 117, effective January 8, 2007.
General
Authority: SDCL 38-34-8.
Law
Implemented: SDCL 38-34-8.
12:80:01:03. Council action on petition. Upon receipt of
the petition, the council may request from the petitioner any additional
information it may require for issuance of its ruling. Within 30 days following
the receipt of the petition or within 30 days following receipt of additional
information requested, the council shall issue its declaratory ruling and serve
a copy by mail upon the petitioner.
Source:
33 SDR 117, effective January 8, 2007.
General
Authority: SDCL 38-34-8.
Law
Implemented: SDCL 38-34-8.
12:80:01:04. Petition for contested case hearing. In a
contested case, as defined in SDCL 1-26-1(2), concerning a refund or an assessment on pulse crops, 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:
33 SDR 117, effective January 8, 2007.
General
Authority: SDCL 38-34-8.
Law
Implemented: SDCL 38-34-8.
12:80:01:05. 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 the notice of hearing upon the petitioner and other interested or affected
parties.
Source:
33 SDR 117, effective January 8, 2007.
General
Authority: SDCL 38-34-8.
Law
Implemented: SDCL 38-34-8.
CHAPTER 12:80:02
FIRST PURCHASERS
Section
12:80:02:01 Quarterly reports and remittance.
12:80:02:02 Assessment collection.
12:80:02:03 Record of assessment.
12:80:02:01. 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 pulse crops were 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 net market value of
pulse crops acquired which are subject to a checkoff fee;
(3) The total dollar amount
of the assessment on pulse crops 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 assessments collected or owed for
the calendar quarter for which the report is submitted shall be remitted to the
council with the report.
Source:
33 SDR 117, effective January 8, 2007.
General
Authority: SDCL 38-34-8.
Law
Implemented: SDCL 38-34-11.
12:80:02:02. Assessment collection. A first purchaser
shall collect the assessment on pulse crops from growers by deducting the
assessment from the purchase price of an identifiable lot or quantity of pulse
crop purchased by the first purchaser. The first purchaser shall provide the
seller with a receipt of the assessment. The receipt may be in the form of an
identified deduction on the receipt of purchase.
Source:
33 SDR 117, effective January 8, 2007.
General
Authority: SDCL 38-34-8.
Law
Implemented: SDCL 38-34-11, 38-34-12, 38-34-15, 38-34-16.
12:80:02:03. Record of assessment. The first purchaser
shall keep a record of assessment for each pulse crop purchase that includes
one percent of the net market value, the date, and the name of the seller.
Source:
33 SDR 117, effective January 8, 2007.
General
Authority: SDCL 38-34-8.
Law
Implemented: SDCL 38-34-10, 38-34-12.
CHAPTER 12:80:03
CLAIMS FOR REFUND
Section
12:80:03:01 Assessment refund application forms.
12:80:03:02 Request for application form.
12:80:03:03 Notice of rejection.
12:80:03:01. Assessment refund application forms. The
applicant for a refund of an assessment on pulse crops shall be on a form
provided by the council and shall contain the following information:
(1) The date of the
assessment refund application;
(2) The name, address, and
signature of the grower who paid the assessment;
(3) The net market value of
pulse crop purchased for which an assessment was collected;
(4) The total dollar amount
of the assessment collected;
(5) The name and address of
the first purchaser;
(6) The date or dates of
the purchase;
(7) The signature of the
grower; and
(8) The refund application
must have check stubs or assembly sheets attached as proof of sale.
Refund application forms may be
obtained from the council by the refund applicant by applying to the council in
writing or in person.
Source:
33 SDR 117, effective January 8, 2007.
General
Authority: SDCL 38-34-8.
Law
Implemented: SDCL 38-34-18.
12:80:03:02. Request for application form. A grower who
has sold or expects to sell pulse crops subject to an assessment may request a
refund application from the council. The council shall supply the application
to the grower upon request, unless another refund application form is
outstanding for that grower. The council may not issue a second refund
application to a grower who has an application outstanding unless the grower
submits evidence satisfactory to the council that the first application has been
lost or destroyed.
Source:
33 SDR 117, effective January 8, 2007.
General
Authority: SDCL 38-34-8.
Law
Implemented: SDCL 38-34-18, 38-34-19.
12:80:03:03. Notice of rejection. If the pulse council
rejects a refund application because it does not meet one or more of the
requirements of § 12:80:03:01, the pulse council 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 council within the 60-day time limit set in SDCL 38-34-18 and meets all requirements of § 12:80:03:01, the council shall process the application.
Source:
33 SDR 117, effective January 8, 2007.
General
Authority: SDCL 38-34-8.
Law
Implemented: SDCL 38-34-18, 38-34-19.
CHAPTER 12:80:04
ENFORCEMENT
Section
12:80:04:01 Assessment of delinquent fee.
12:80:04:02 Notice of delinquent assessment.
12:80:04:03 Hearing request.
12:80:04:04 Hearing.
12:80:04:05 Council decision.
12:80:04:01. Assessment of delinquent fee. A delinquent
fee may be assessed upon any purchaser who has failed to file a report of
assessment on pulse crops or an assessment as required by chapter 12:80:02. The
delinquent fee shall be based upon the past purchases of the purchaser,
applicable assessment invoices, and any other relevant information.
Source:
33 SDR 117, effective January 8, 2007.
General
Authority: SDCL 38-34-8.
Law
Implemented: SDCL 38-34-8, 38-34-17.
12:80:04:02. Notice of delinquent assessment. Any
assessment on pulse crops that is not remitted as required by
§ 12:80:02:01 is delinquent. The council may, by certified mail, send a
notice of delinquent assessment to the first purchaser at the first purchaser's
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;
(4) A statement that the
assessment is due within ten days after the receipt of the notice; and
(5) The penalty assessed.
The notice shall indicate that the
first purchaser may request a hearing before the council according to the
provisions of § 12:80:04:03.
Source:
33 SDR 117, effective January 8, 2007.
General
Authority: SDCL 38-34-8.
Law
Implemented: SDCL 38-34-8, 38-34-17.
12:80:04:03. 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 assessment 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:
33 SDR 117, effective January 8, 2007.
General
Authority: SDCL 38-34-8.
Law
Implemented: SDCL 38-34-8, 38-34-17.
12:80:04:05. 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:
33 SDR 117, effective January 8, 2007.
General
Authority: SDCL 38-34-8.
Law
Implemented: SDCL 38-34-8, 38-34-17.
ELECTION OF COUNCIL MEMBERS
(Repealed. SL 2015, ch 204, §§ 53 and 54, effective July 1, 2015)
Section
12:80:05:01 Repealed.
12:80:05:02 Repealed.
12:80:05:03 Repealed.
12:80:05:04 Repealed.
12:80:05:05 Repealed.
12:80:05:06 Repealed.
12:80:05:07 Repealed.
12:80:05:08 Repealed.
12:80:05:09 Repealed.
12:80:05:10 Repealed.
12:80:05:11 Repealed.