§ 2-35-302 — Penalty

(a) (1) A buyer who fails to file a report or pay any assessment within a required time set by the Director of the Department of Finance and Administration shall forfeit to the director a penalty of five percent (5%) of the assessment determined to be due plus one percent (1%) for each month of delay, or fraction of a month, after the first month after the report was required to be filed or the assessment became due. (2) The penalty shall be paid to the director and shall be disposed of by him or her in the same manner as funds derived from payment of assessments imposed in this subchapter. (b) The director shall collect the penalty levied in this section, together with the delinquent assessment, by any or all of the following methods: (1) Voluntary payment by the person liable; (2) Legal proceedings instituted in a court of competent jurisdiction; or (3) Injunctive relief to enjoin any buyer owing the assessment or penalty from operating his or her business or engaging in business as a buyer of cattle until the delinquent assessment or penalty is paid. (c) Any person required to pay the assessment provided for in this subchapter who refuses to allow full inspection of the records relating to the liability of the person for the assessment imposed in this subchapter or who shall hinder or in any way delay or prevent inspection shall be guilty of a violation and upon conviction shall be punished by a fine not exceeding five hundred dollars ($500).

Legislative History

Acts 1983, No. 160, § 9; A.S.A. 1947, § 78-1909; Acts 2005, No. 1994, § 19.