80-11-1005. Refund of assessment. (1) A producer who has paid assessments to the department may request that the department refund all or a portion of the assessment levied under the rules of the committee and paid by the producer. A refund request must be submitted in writing on an application form that is available without cost to all producers who pay assessments.

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Terms Used In Montana Code 80-11-1005

  • Committee: means the Montana pulse crop committee provided for in 2-15-3007. See Montana Code 80-11-1001
  • Department: means the department of agriculture provided for in 2-15-3001. See Montana Code 80-11-1001
  • Producer: means a person or landowner who is personally engaged in growing or producing pulse crops, a tenant of the landowner who is personally engaged in growing or producing pulse crops, or both the landowner and the tenant jointly. See Montana Code 80-11-1001
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Writing: includes printing. See Montana Code 1-1-203

(2)The producer shall complete the refund application and return the application to the department, together with a record of the assessment collected, within 90 days after the date of the assessment or final settlement.

(3)If a refund request is not submitted to the department within the prescribed time period, the producer is presumed to have agreed to the assessment.

(4)A producer is not entitled to a refund under this section unless the refundable amount is $5 or more.