§ 35-28-113.5 — Refunds of assessments - request by producer

Colorado § 35-28-113.5

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Marketing Act of 1939

Text

(1) Marketing
orders issued after July 1, 1987, as well as amendments to such marketing orders
and amendments to marketing orders in existence prior to July 1, 1987, which
marketing orders and amendments are issued pursuant to the provisions of this
article and which directly affect producers, may contain provisions for refunds of
assessments or for refunds of portions of assessments. Any marketing order or
amendment which contains such a provision shall not become effective unless and
until the commissioner determines that the issuance of such order is approved and
favored by at least a simple majority of the producers who participated in a
referendum on the question of its approval and who, during such representative
period, have produced for market the commodities specified therein in commercial
quantities within the production area specified in such marketing agreement or
order. Only the assessment or assessment raise or raises approved by a simple
majority of the producers as provided in this subsection (1) or that portion of the
assessment or assessment raise which is actually levied by the commissioner shall
be subject to the provisions of this section.

(2) A producer may request a refund of assessments or a refund of a portion
of assessments within thirty days after payment of such assessments. The
commissioner shall promulgate such rules and regulations as are necessary for the
implementation of this section.

Legislative History

Source: L. 87: Entire section added, p. 1288, � 1, effective April 6. L. 88: Entire section amended, p. 1222, � 3, effective April 13.