Mississippi Code
Chapter 37 - Mississippi Boll Weevil Management Act
§ 69-37-35. Exemptions from assessment penalties for financial hardship; payment plan

The commissioner, with the consent of the corporation, is authorized to exempt from the assessment penalty requirements set forth in this chapter those cotton growers for whom paying the assessment penalties would impose an undue financial hardship, and the commissioner is authorized to establish, upon the recommendation of the corporation, a payment plan in those hardship cases. This exemption shall be implemented as follows:
The commissioner, with the consent of the corporation, shall adopt rules and regulations defining the criteria to be used in determining financial hardship. However, no exemption shall be granted to any cotton grower who, after the amount of assessments and penalties otherwise due has been subtracted from his taxable net income, has a net income exceeding Fifteen Thousand Dollars ($15,000.00) for the year in which he seeks an exemption;
Any cotton grower who claims an exemption shall apply on a form prescribed by the commissioner. A separate application shall be filed for each calendar year in which a cotton grower claims an exemption. Each application shall contain an explanation of the conditions to be met for approval. An oath shall be included on the form that upon completion shall be returned to the commissioner;
The commissioner shall forward all completed exemption application forms to the corporation. The corporation shall determine from the information contained in the application forms whether or not the applicants qualify for a hardship exemption (exemption from penalty) and may recommend a payment plan to the commissioner; and
The corporation shall notify the commissioner of its determination, which shall be binding upon the applicants. Upon receipt of the determination of the corporation, the commissioner shall promptly notify each affected cotton grower of that determination. If an exemption has been denied, assessments and penalties for the year in which the application was made shall become due at the time they would otherwise have become due had no application for exemption been filed or within thirty (30) days after the date of the commissioner's notice of an adverse determination, whichever is later.

Structure Mississippi Code

Mississippi Code

Title 69 - Agriculture, Horticulture, and Animals

Chapter 37 - Mississippi Boll Weevil Management Act

§ 69-37-1. Short title

§ 69-37-3. Purpose; liberal construction

§ 69-37-5. Definitions

§ 69-37-7. Authorization for programs to suppress or eradicate boll weevil; cooperation with other agencies or persons

§ 69-37-9. Entry upon premises to carry out provisions of chapter; monitoring, inspection, treatment with pesticides, and other activities; notice to owner; warrant

§ 69-37-11. All persons growing cotton to furnish information to commissioner and corporation

§ 69-37-15. Certification of Mississippi Boll Weevil Management Corporation as official administrative and regulatory body; effect; revocation; debts of corporation not a liability of bureau or department

§ 69-37-19. Conduct of referenda; expenses

§ 69-37-23. Liens to secure payment of assessments and penalties; destruction of untreatable commercial cotton as nuisance; compensation

§ 69-37-25. Quarantine, and control of movement of articles from infested areas in other states, by regulation of Bureau of Plant Industry

§ 69-37-27. Suppression, pre-eradication, eradication and no-growth zones; growers to share costs; notice, referenda, penalties, and appeal of penalties

§ 69-37-29. Destruction or treatment of cotton in eradication zones; compensation

§ 69-37-35. Exemptions from assessment penalties for financial hardship; payment plan

§ 69-37-37. Extension of chapter to other cotton pests upon recommendation of the corporation

§ 69-37-39. Boll Weevil Management Fund; deposits; disbursements

§ 69-37-41. Mississippi Boll Weevil Management Corporation to be certified as administering authority to plan and implement boll weevil management programs