N.D. Admin. Code Title 91 — Wheat Commission

Article 91-01 General Administration

Chapter 91-01-01 Organization of Commission

N.D. Admin. Code 91-01-01-01 Organization of the state wheat commission

1.History. The 1959 legislative assembly established the state wheat commission by legislation codified as North Dakota Century Code chapter 4-28. The state wheat commission was established for the purpose and with the objective of stabilizing and improving the agriculture economy of the state, it being the intent and purpose of the commission to promote, aid, and develop the orderly marketing and processing of North Dakota wheat.

2.Commission members. The commission consists of seven members. One member shall be elected from each of the six commission districts. Each member is a bona fide resident of and a qualified elector in the district the member represents, has farming operations in the district, and is engaged in wheat production and has derived a substantial portion of income therefrom for at least five years next proceeding election. One member of the commission is appointed at large by the governor from a list of three names submitted by a nominating committee. The member at large has the same qualifications except as limited by district lines. Each member holds office for four years.

3.Election procedure. At least sixty days prior to the expiration of the term of office of a commissioner representing any district, an election is held in each county of that district. The county agent publishes an official notice in official county newspapers two successive weeks prior to the meeting. The meeting is called to order by the county agent. A meeting is called by the state extension director of those elected county representatives to elect one of themselves as district commission member. The county agent, in cooperation with the cooperative extension service, shall conduct the election in the manner the county agent deems fair and reasonable.

4.Commission employees. The commission appoints, employs, bonds, discharges, fixes the compensation, and prescribes the duties of an administrator and other clerical or professional staff the commission may deem necessary to conduct the business and affairs of the commission.

5.Inquiries. Inquiries regarding the commission may be addressed to the administrator.

Mr. Melvin G. Maier, Administrator North Dakota Wheat Commission 4023 North State Street Bismarck, North Dakota 58501

History

• History: Amended effective January 1, 1982; August 1, 1983; December 1, 1985; February 1, 1992.
• General Authority: NDCC 28-32-02.1
• Law Implemented: NDCC 28-32-02.1

Chapter 91-01-02 Commission Meetings and Expenses

N.D. Admin. Code 91-01-02-01 Officers of the commission

The commission shall have two officers. The commission shall elect from its membership a chairman and vice chairman who shall hold office for one year and may be reelected. They shall hold office until their successors are elected and have qualified. The election shall be at the first regular meeting of the commission following July first.

N.D. Admin. Code 91-01-02-02 Meetings

The commission shall meet at least once every calendar quarter at such times and places as shall be determined by the commission and may meet in special meetings upon such call and notice as may be prescribed by rules adopted by the commission.

N.D. Admin. Code 91-01-02-03 Expenses and per diem

Members of the commission shall be reimbursed for actual expenses necessarily incurred in attending meetings and performing other official duties on the same basis as other state officers. In addition, they are entitled to receive the same per diem compensation as provided in section 54-35-10 for members of the legislative council for each day actually devoted to official commission business.

History

• History: Amended effective December 1, 1985.

N.D. Admin. Code 91-01-02-04 Legal counsel

The attorney general shall act as legal adviser to the commission or designate an assistant for that

purpose. The commission may employ other counsel to advise and represent the commission in its affairs and proceedings.

N.D. Admin. Code 91-01-02-05 Appropriation of funds

The commission shall receive a biennial appropriation from the legislative assembly. This appropriation shall be based on what the commission deems necessary to conduct the affairs of the commission. No funds shall revert at the expiration of any biennium.

History

• Law Implemented: NDCC 4-28-08

N.D. Admin. Code 91-01-02-06 Expenditure of funds

The commission may make expenditures of its funds or appropriation through vouchers approved by the commission to carry out its intent. The commission follows state government procedure for vouchering costs incurred.

History

• Law Implemented: NDCC 4-28-08

Article 91-02 Wheat Tax Levy

Chapter 91-02-01 Wheat Tax Levy

N.D. Admin. Code 91-02-01-01 Definitions

The terms used throughout this article are defined as follows:

1."Commercial channels" means the sale of wheat for any use when sold by a producer to a buyer or processor or a firm, person, or association who resells or further process the wheat.

2."Final settlement" means the date the wheat upon which a loan was obtained is sold to the elevator, a private person, or assigned or transferred to an agency of the United States government. In the case of deferred payments, the date of payment is final settlement.

3."First purchaser" means any person, firm, or organization buying, accepting for sale, or acquiring for sale after harvest wheat and includes any person or firm having a claim against the producer for a loan pledge, mortgage, or lien.

4."Producer" means any landowner or tenant engaged in growing wheat and receiving, in such capacity, any portion of the crop produced.

5."Sale" includes any pledge or mortgage of wheat, after harvest, to any person, firm, corporation, association, or partnership.

6."Wheat" includes all varieties of hard red spring, durum, or winter wheat grown in North Dakota.

History

• Law Implemented: NDCC 4-28-02

N.D. Admin. Code 91-02-01-02 Wheat tax levy

There shall be a levy of five mills per bushel [35.24 liters] by weight upon all wheat grown in the state and sold through commercial channels by a producer to a first purchaser. The tax will be levied at the time of sale and deducted from the price paid. In the case of a lien, pledge, or mortgage, the tax shall be deducted from the proceeds of loan or claim secured. This levy is subject to adjustment at the time of settlement if the bushel amount was not accurately determined at disbursement.

History

• History: Amended effective July 1, 1979; December 1, 1985.

N.D. Admin. Code 91-02-01-03 Record of transaction

At time of sale, the purchaser shall issue to the producer a record of the transaction (check stub, loan paper, deferred payment contract, or other form as the commission may prescribe).

N.D. Admin. Code 91-02-01-04 Refund provision

A producer subject to the deduction may, within sixty days following such deduction or final settlement, apply to the wheat commission for refund of these moneys. The producer shall make a personal request for a refund application blank. Upon return of the signed application accompanied by evidence of deduction, the producer shall be refunded the qualified amount. If for any reason the producer paid the deduction more than once on the same wheat, the producer shall be entitled to a refund of the overpayment.

N.D. Admin. Code 91-02-01-05 Producer information

The commission shall disseminate information about the commission relating to the purpose of the wheat tax and how it is devoted to market development efforts. The commission shall also inform producers how refunds may be claimed.

N.D. Admin. Code 91-02-01-06 Wheat fee remittance

A first purchaser shall make quarterly wheat tax (collection) reports and remittance to the commission before the twentieth of the month of the next quarter on such forms as the commission may prescribe. The commission shall make daily deposits of remittance in the Bank of North Dakota in the wheat commission revolving account.

N.D. Admin. Code 91-02-01-07 State wheat commission fund

Those funds so deposited according to section 91-02-01-06 shall be transferred monthly according to North Dakota Century Code section 54-06-08 into the state treasury and deposited in the state wheat commission fund. Refunds granted according to section 91-02-01-04 shall be issued by check from the revolving account.

History

• Law Implemented: NDCC 4-28-08

N.D. Admin. Code 91-02-01-08 Penalty

Any person violating any of the provisions of this chapter shall be guilty of a class B misdemeanor.

History

• Law Implemented: NDCC 4-28-09