3-418. Failure to pay assessment; penalty;
hearing; violation; classification
A. A person who is required to pay assessments pursuant to this article, a
marketing order or a marketing agreement and who fails to pay the assessments within
sixty days after the billing shall be assessed a penalty of ten per cent of the amount of
the total assessments owing and two per cent interest per month on the unpaid balance.
The attorney general may collect assessments, penalties and interest on the request of
the marketing commission or marketing committee.
B. The person who fails to pay the required assessments may request a hearing
before the marketing commission or marketing committee acting as an administrative law
judge pursuant to title 41, chapter 6, article 10 to dispute or determine the amount of
the assessments, penalty or interest imposed. The commission or committee shall hold a
hearing if requested. The commission or committee, after the hearing, shall enter its
order determining the amount of any assessments, penalty or interest. The person shall
pay the assessments, penalty and interest assessed within ten days after the notice of
the commission's or committee's decision.
C. A person who knowingly fails to pay or remit any monies due or collected as
required in this article and the marketing order is guilty of a class 2 misdemeanor.
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