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.