Indiana Code 15-15-12-36. Failure to remit assessments; hearing; civil action; penalty
(1) the status and amount of the assessments due; and
Terms Used In Indiana Code 15-15-12-36
- council: refers to the Indiana corn marketing council established by section 17 of this chapter. See Indiana Code 15-15-12-4
- first purchaser: means a person who is engaged in Indiana in the business of buying corn from producers. See Indiana Code 15-15-12-8
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
- person: means an individual, a partnership, a limited liability company, a public or private corporation, a political subdivision (as defined in IC 36-1-2-13), a cooperative, a society, an association, or a fiduciary. See Indiana Code 15-15-12-12
(b) After allowing a first purchaser the opportunity to present comments, the council:
(1) may adjust the amount of the assessments due, if the first purchaser’s comments reveal that the council’s figure is inaccurate;
(2) may assess a penalty against the first purchaser;
(3) shall:
(A) assess a fee for an unpaid assessment due the council, from a person responsible for remitting assessments, at the rate of two percent (2%) of the amount of the unpaid assessment each month, beginning with the day following the date the assessment is due under this subsection; and
(B) if there is any remaining amount due after the assessment of the fee under clause (A), assess a fee at the same rate on the corresponding day of each month thereafter until the entire amount of the unpaid assessment is paid;
(4) shall compute the amounts payable on unpaid assessments under this section monthly and include any unpaid late charges previously applied under this section; and
(5) shall determine the date of a payment for purposes of this subsection by the postmark applied to the remitting envelope.
(c) If a first purchaser fails to remit assessments after being allowed to present comments under subsection (a) or to pay any penalty assessed under subsection (b), the council may bring a civil action against the first purchaser in a circuit, superior, or municipal court of any county. The action shall be tried and a judgment rendered as in any other proceeding for the collection of a debt. In an action under this subsection, the council may obtain:
(1) a judgment in the amount of all unremitted assessments and any unpaid penalty; and
(2) an award of the costs of bringing the action.
[Pre-2008 Recodification Citation: 15-4-10-30.]
As added by P.L.2-2008, SEC.6.