§4160. Failure to pay assessment; penalty
A. Each dairy cooperative association, processor, or distributor who fails to file any
report required by the board or to pay the assessment within the time prescribed by this Part
shall forfeit to the commissioner the amount of the assessment plus a penalty of ten percent
of the assessment due, plus one percent of the assessment due for each month, or fraction
thereof, of delay after the due date for payment of the assessment.
B. The commissioner shall collect the penalties authorized by this Section, together
with delinquent assessments, by any of the following methods:
(1)By voluntary payment by the person liable.
(2)By legal proceedings instituted in a court of competent jurisdiction.
(3)By seeking injunctive relief to enjoin any dairy coope
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§4160. Failure to pay assessment; penalty
A. Each dairy cooperative association, processor, or distributor who fails to file any
report required by the board or to pay the assessment within the time prescribed by this Part
shall forfeit to the commissioner the amount of the assessment plus a penalty of ten percent
of the assessment due, plus one percent of the assessment due for each month, or fraction
thereof, of delay after the due date for payment of the assessment.
B. The commissioner shall collect the penalties authorized by this Section, together
with delinquent assessments, by any of the following methods:
(1) By voluntary payment by the person liable.
(2) By legal proceedings instituted in a court of competent jurisdiction.
(3) By seeking injunctive relief to enjoin any dairy cooperative association,
processor, or distributor owing such assessment or penalties from operating his business or
engaging in business as a buyer of milk solids, milk fats, or fluid milk components until the
delinquent assessments or penalties have been paid.
C. Each person required to pay the assessments provided for in this Part who refuses
to allow full inspection of his premises, or any books, records, or other documents relating
to the liability of that person or who hinders in any way, delays or prevents an inspection
shall be subject to penalties as provided in Subsection D of this Section.
D. The board may impose penalties not to exceed one thousand dollars per day for
each day on which there occurs a violation of any of the provisions of this Part, or the rules
and regulations adopted under the provisions of this Part. Penalties may be assessed only by
a ruling of the board based on an adjudicatory hearing held in accordance with the
Administrative Procedure Act.