(2) A producer who disputes the amount of an assessment as provided under subsection (1) of this section may file a challenge to the assessment with the commission not more than 60 days after the close of the assessment period. The challenge must be filed on a form provided by the State Department of Agriculture. The commission shall process a challenge under this section pursuant to rules adopted under subsection (4) of this section.
(3) A producer filing a challenge under this section has the burden of proving the total dollar value received by the producer during the assessment period. If the producer is also licensed as a processor, the producer also has the burden of proving the prices paid to the producer are equivalent to prices paid in arm’s-length transactions. The commission shall refund the amount of the assessment that the producer proves is in excess of the total dollar value received by the producer for the hemp during the assessment period multiplied by the maximum lawful assessment percentage.
(4)(a) The department shall adopt rules to carry out this section. Rules adopted under this paragraph must include, but need not be limited to, procedures for filing, processing and formal or informal resolution of challenges and for determining hemp prices paid in arm’s-length transactions.
(b) The commission shall adopt rules establishing assessment periods and may adopt other rules as necessary and that do not conflict with the rules adopted by the department under this subsection. [2021 c.216 §25]
Note: See note under 571.400.
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 571 - Nursery Stock; Licensed Agricultural Crops
Section 571.005 - Definitions for ORS 571.005 to 571.230.
Section 571.015 - Policy; department to maintain nursery service; duties.
Section 571.025 - State Nursery Research and Regulatory Committee.
Section 571.038 - Plant Pest and Disease Emergency Response Fund.
Section 571.045 - Exemption from licensing requirements.
Section 571.057 - License application; contents; fee; assessments.
Section 571.059 - License fee surcharge.
Section 571.063 - Temporary nursery sale license; application; fee; rules; conditions.
Section 571.075 - Renewal of license; rules; forfeiture.
Section 571.095 - Form of license; display required.
Section 571.105 - Agent’s license.
Section 571.115 - License not transferable; moving place of business.
Section 571.125 - Suspension, revocation or refusal of license.
Section 571.170 - Substitution or transportation of uninspected nursery stock prohibited.
Section 571.210 - Hold order on defective nursery stock; condemnation.
Section 571.230 - Disposition and use of moneys received.
Section 571.260 - Short title.
Section 571.263 - Oregon Hemp State Program; rules.
Section 571.266 - Exclusion from ORS 571.260 to 571.348.
Section 571.269 - Definitions for ORS 571.260 to 571.348; rules.
Section 571.272 - Regulation by department; commodities.
Section 571.275 - Commission powers regarding industrial hemp; notice.
Section 571.278 - Industrial Hemp Fund.
Section 571.281 - Grower and handler license; records; inspection; nonconforming crop; fees; rules.
Section 571.285 - Revocation or refusal of licensure; rules.
Section 571.287 - Requirement to conduct criminal records check on applicant for grower license.
Section 571.290 - Industrial hemp propagation.
Section 571.291 - Crop location.
Section 571.294 - Charges for sampling or testing; fee.
Section 571.309 - Industrial hemp product concentration, serving standards; rules.
Section 571.316 - Required reporting to department; rules.
Section 571.319 - Destruction, remediation of specified industrial hemp crop; rules.
Section 571.325 - Agricultural hemp seed labeling and certification; rules.
Section 571.327 - Hemp seed sales; packaging; rules.
Section 571.330 - Laboratory testing; limitation on sales, transfers; rules.
Section 571.333 - Industrial hemp crop concentration standards; test results.
Section 571.345 - Remediation for unintentional violation; rules.
Section 571.348 - Civil penalty; appropriation.
Section 571.400 - Definitions for ORS 571.400 to 571.501.
Section 571.402 - Declarations; purposes of ORS 571.400 to 571.501.
Section 571.404 - Duties of State Department of Agriculture; rules.
Section 571.406 - Temporary members of Oregon Hemp Commission; terms; rules.
Section 571.408 - Ex officio members of Oregon Hemp Commission.
Section 571.410 - Required declaration of vacancy of producer, processor office.
Section 571.412 - Required declaration of vacancy of public member office.
Section 571.414 - Authority to remove member of Oregon Hemp Commission.
Section 571.417 - Payment for member of Oregon Hemp Commission; expenses; rules.
Section 571.423 - Powers of Oregon Hemp Commission; rules.
Section 571.429 - Oregon Hemp Commission authority, duties relating to moneys.
Section 571.438 - Exemption from certain financial administration laws.
Section 571.444 - Intellectual property; rules.
Section 571.450 - Exemptions from assessments; rules.
Section 571.453 - Assessment collection requirements.
Section 571.462 - Penalty for delayed payment of assessment.
Section 571.465 - Penalty for failure to pay assessment; civil action.
Section 571.468 - Dispute regarding amount of assessment; rules.
Section 571.471 - Financial activity of Oregon Hemp Commission.
Section 571.474 - Fidelity bond; conditions on bond; payment of cost of bond.
Section 571.477 - Cancellation of uncollectible assessment.
Section 571.480 - Maintenance of books, records and accounts.
Section 571.483 - Oregon Hemp Commission budget; meeting requirement; annual financial statement.
Section 571.486 - Requirement to comply with ORS 571.483 in order to make, incur expenditure.
Section 571.489 - Limitation on amount, purpose of expenditure.
Section 571.492 - Unforeseen expenditure; fund transfer.
Section 571.495 - Distribution of moneys upon abolishment of Oregon Hemp Commission.
Section 571.498 - Sale of hemp considered sale in commercial channels.
Section 571.501 - Penalty for violation of ORS 571.400 to 571.501.
Section 571.505 - Definitions for ORS 571.510 to 571.580.
Section 571.510 - Policy; department to maintain Christmas tree service; duties.
Section 571.515 - State Christmas Tree Advisory Committee.
Section 571.520 - Exemptions from licensing requirements.
Section 571.530 - License application; contents; license fee.
Section 571.535 - Renewal of license; rules.
Section 571.540 - Form of license; display required.
Section 571.550 - Suspension, revocation or refusal of license.
Section 571.555 - Issuance of shipping permit numbers.
Section 571.570 - Substitution or transportation of uninspected Christmas tree stock.
Section 571.575 - Knowingly offering to sell infected or infested Christmas tree stock.
Section 571.600 - Definitions for ORS 571.605 to 571.620.
Section 571.605 - Economic development assistance.
Section 571.610 - Technical business assistance.
Section 571.615 - Workforce training assistance.
Section 571.620 - Identification and mapping of marketable stands.
Section 571.625 - Western Juniper Industry Fund.
Section 571.650 - Definitions for ORS 571.650 to 571.660.
Section 571.655 - License required; prohibitions.
Section 571.660 - Rules; fees.
Section 571.670 - Disposition of fee moneys.
Section 571.993 - Penalty for violation of ORS 571.655.
Section 571.997 - Civil penalties for ORS 571.055 and 571.525.