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.

          12:80:04:04.  Hearing. The council shall hold a hearing in accordance with SDCL chapter 1-26 within 90 days after receiving a hearing notice that is in accordance with § 12:80:04:03.

          Source: 33 SDR 117, effective January 8, 2007.

          General Authority: SDCL 38-34-8.

          Law Implemented: SDCL 38-34-8.

          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.