Okla. Stat. tit. 2, § 2-18-38
This is the official text of Okla. Stat. tit. 2, § 2-18-38, part of Oklahoma’s Stat. tit. 2, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 2,." Browse the sections below, each linked to its official government source.
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Refund – Collection action
Official statutory text
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.
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.
Status: in_force · Read it on the official government site
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