§ 2-18-38 — Refund – Collection action.

A. Any producer who has paid the assessment under the provisions of the Oklahoma Beef Improvement and Market Development Act shall be entitled to a refund upon a valid request to the Council. B. The Council shall make available to all producers and marketing agents forms for refund requests. C. Refund claims shall be submitted by the producer within forty-five (45) days of the payment of the assessment and shall include a signature, date of sale, place of sale, number of cattle, amount of assessment deducted, and proof of the payment of the deducted assessment. D. 1. Upon verification of a valid refund request, the Council shall remit a refund to the producer within forty-five (45) days of the valid request. 2. In the event the Council fails to remit the valid requested refund as required by this subsection, the producer may bring a civil action against the Council in the district court of the county in which the office of the Council is located for collection of the refund, a ten-percent-penalty assessment, and all court costs. 3. The civil action shall be tried and judgment rendered as in any other cause of action for debts due and payable. 4. All assessments, penalty assessments, and enforcement costs recovered are due and payable to the producer. E. If the Council has reasonable doubt that a refund claim is valid, it may withhold payment and take action as deemed necessary to determine its validity. F. All requests for refunds shall only be initiated by the producer.

Legislative History

Added by Laws 2004, c. 34, § 9, eff. Nov. 1, 2004.