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Administrative Rules
Rule 12:80:03 CLAIMS FOR REFUND

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.




Rule 12:80:03:01 Assessment refund application forms.

          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.

 




Rule 12:80:03:02 Request for application form.

          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.

 




Rule 12:80:03:03 Notice of rejection.

          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.

 

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