Sec. 33. (a) If a producer has sold corn and the state assessment was deducted from the sale price of the corn, the producer may secure a refund equal to the amount deducted upon filing a written application.
(b) A producer's application for a refund under this section must be made to the council not more than one hundred eighty (180) days after the state assessment is deducted from the sale price of the producer's corn.
(c) The council shall provide application forms to a first purchaser for purposes of this section upon request and make application forms available on the council's Internet web site. A first purchaser shall make application forms available in plain view at the first purchaser's place of business.
(d) Proof that an assessment has been deducted from the sale price of a producer's corn must be attached to each application for a refund submitted under this section by a producer. The proof that an assessment was deducted may be in the form of a duplicate or an original copy of the purchase invoice or settlement sheet from the first purchaser. The refund form and proof of assessment may be mailed or faxed to the council. The refund form must clearly state how to request a refund, the address where the form may be mailed, and the fax number where the form may be faxed.
(e) If a refund is due under this section, the council shall remit the refund to the producer as follows:
(1) For:
(A) refunds of more than twenty-five dollars ($25); or
(B) multiple refunds that total more than twenty-five dollars ($25);
not later than thirty (30) days after the date the producer's completed application and proof of assessment are received.
(2) For refunds of twenty-five dollars ($25) or less:
(A) on March 31 if the producer's completed application and proof of assessment are received before March 1; or
(B) on September 30 if the producer's completed application and proof of assessment are received on or after March 1 and before September 1.
[Pre-2008 Recodification Citation: 15-4-10-26.5.]
As added by P.L.2-2008, SEC.6. Amended by P.L.148-2009, SEC.7; P.L.98-2012, SEC.12.
Structure Indiana Code
Title 15. Agriculture and Animals
Article 15. Horticulture Products
Chapter 12. Indiana Corn Market Development
15-15-12-1. Application of Chapter
15-15-12-5. "Dean of Agriculture"
15-15-12-10. "Market Development"
15-15-12-20. Appointment of Nonvoting Council Members
15-15-12-21. Election Districts; Qualifications; Appointments; Ex Officio Members
15-15-12-22. Date of Election; Notice
15-15-12-23. Ballots; Petitions; Forms
15-15-12-25. Election Judges; Teller Committee; Traveling Expenses
15-15-12-26. Election; Date and Location
15-15-12-29. Payment of Expenses; Investments; Market Development
15-15-12-31. Liability for Debts and Actions of the Council
15-15-12-32. Assessments; Collection; Handling Fee
15-15-12-34. Information to Be Included in Checkoff Refund Form
15-15-12-36. Failure to Remit Assessments; Hearing; Civil Action; Penalty
15-15-12-37. Restrictions on Use of Assessment
15-15-12-38. Procedures for Termination if Refunds Are Greater Than 25%