§ 15-15-12-36 — Failure to remit assessments; hearing; civil action; penalty

Indiana § 15-15-12-36

• Jurisdiction: Indiana
• Art. 15: HORTICULTURE PRODUCTS
• Ch. 12: Indiana Corn Market Development

Text

(a) If a first purchaser fails to remit the
assessments collected during a period specified in section 32 of this
chapter within thirty (30) days after the end of the period, the council
shall contact the first purchaser and allow the first purchaser to present
comments to the council concerning:
(1) the status and amount of the assessments due; and
(2) reasons why the council should not bring legal action against
the first purchaser.
(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.]

Legislative History

As added by P.L.2-2008, SEC.6.