ARSD Article 12:80 — SOUTH DAKOTA PULSE COUNCIL

AGRICULTURE AND NATURAL RESOURCES AGRICULTURE AND NATURAL RESOURCES

Chapter 12:80:01 Administration

ARSD 12:80:01:01 Definitions

Terms defined in SDCL 38-34-1 have the same meaning when used in this article. In addition, as used in this article, the term, assessment on pulse crops, means the assessment imposed by SDCL 38-34-15 upon all dry peas, lentils, chickpeas, and lupines marketed to a first purchaser within the state.

History

• Source: 33 SDR 117, effective January 8, 2007.
• General Authority: SDCL 38-34-8.
• Law Implemented: SDCL 38-34-8, 38-34-15.

ARSD 12:80:01:02 Obtaining a declaratory ruling

A person may request the council to issue a decision on the applicability of any statutory provision, rules, or order pertaining to a stated factual situation by submitting a written petition to the council containing the following information:

(1) The state statute or council rule or order in question;

(2) The name and address of the person, agency, or group submitting the petition;

(3) The fact and circumstances which give rise to the issue to be answered by the council's declaratory ruling;

(4) A description of the action requested of the council and a statement of the reasons why the action should be taken;

(5) The signature of the person filing the petition or the authorization of the group or agency making the petition; and

(6) The notarization of the signature or authorization.

History

• Source: 33 SDR 117, effective January 8, 2007.
• General Authority: SDCL 38-34-8.
• Law Implemented: SDCL 38-34-8.

ARSD 12:80:01:03 Council action on petition

Upon receipt of the petition, the council may request from the petitioner any additional information it may require for issuance of its ruling. Within 30 days following the receipt of the petition or within 30 days following receipt of additional information requested, the council shall issue its declaratory ruling and serve a copy by mail upon the petitioner.

History

• Source: 33 SDR 117, effective January 8, 2007.
• General Authority: SDCL 38-34-8.
• Law Implemented: SDCL 38-34-8.

ARSD 12:80:01:04 Petition for contested case hearing

In a contested case, as defined in SDCL 1-26-1(2), concerning a refund or an assessment on pulse crops, a person aggrieved by an action of the council taken without a hearing may, within 30 days following the date of the action, petition the council for a hearing. The hearing shall be held not later than 60 days following receipt of the petition.

History

• Source: 33 SDR 117, effective January 8, 2007.
• General Authority: SDCL 38-34-8.
• Law Implemented: SDCL 38-34-8.

ARSD 12:80:01:05 Notice of hearing

At least 20 days before the date set by the council for hearing, the council shall serve by mail a copy of the notice of hearing upon the petitioner and other interested or affected parties.

History

• Source: 33 SDR 117, effective January 8, 2007.
• General Authority: SDCL 38-34-8.
• Law Implemented: SDCL 38-34-8.

Chapter 12:80:02 First purchasers

ARSD 12:80:02:01 Quarterly reports and remittances

Quarterly reports and remittance.** Each first purchaser shall submit a quarterly report to the council within 30 days after the end of each calendar quarter if pulse crops were purchased during the quarter. Each first purchaser shall make a report to the council at least once a year. The report shall be on forms provided by the council and shall contain the following information:

(1) The name and address of the first purchaser;

(2) The net market value of pulse crops acquired which are subject to a checkoff fee;

(3) The total dollar amount of the assessment on pulse crops remitted;

(4) The calendar quarter for which the report is submitted;

(5) The date of the report; and

(6) The signature of the first purchaser.

All assessments collected or owed for the calendar quarter for which the report is submitted shall be remitted to the council with the report.

History

• Source: 33 SDR 117, effective January 8, 2007.
• General Authority: SDCL 38-34-8.
• Law Implemented: SDCL 38-34-11.

ARSD 12:80:02:02 Assessment collection

A first purchaser shall collect the assessment on pulse crops from growers by deducting the assessment from the purchase price of an identifiable lot or quantity of pulse crop purchased by the first purchaser. The first purchaser shall provide the seller with a receipt of the assessment. The receipt may be in the form of an identified deduction on the receipt of purchase.

History

• Source: 33 SDR 117, effective January 8, 2007.
• General Authority: SDCL 38-34-8.
• Law Implemented: SDCL 38-34-11, 38-34-12, 38-34-15, 38-34-16.

ARSD 12:80:02:03 Record of assessment

The first purchaser shall keep a record of assessment for each pulse crop purchase that includes one percent of the net market value, the date, and the name of the seller.

History

• Source: 33 SDR 117, effective January 8, 2007.
• General Authority: SDCL 38-34-8.
• Law Implemented: SDCL 38-34-10, 38-34-12.

Chapter 12:80:03 Claims for refunds

ARSD 12:80:03:01 Assessment refund application forms

The applicant for a refund of an assessment on pulse crops shall be on a form provided by the council and shall contain the following information:

(1) The date of the assessment refund application;

(2) The name, address, and signature of the grower who paid the assessment;

(3) The net market value of pulse crop purchased for which an assessment was collected;

(4) The total dollar amount of the assessment collected;

(5) The name and address of the first purchaser;

(6) The date or dates of the purchase;

(7) The signature of the grower; and

(8) The refund application must have check stubs or assembly sheets attached as proof of sale.

Refund application forms may be obtained from the council by the refund applicant by applying to the council in writing or in person.

History

• Source: 33 SDR 117, effective January 8, 2007.
• General Authority: SDCL 38-34-8.
• Law Implemented: SDCL 38-34-18.

ARSD 12:80:03:02 Request for application form

A grower who has sold or expects to sell pulse crops subject to an assessment may request a refund application from the council. The council shall supply the application to the grower upon request, unless another refund application form is outstanding for that grower. The council may not issue a second refund application to a grower who has an application outstanding unless the grower submits evidence satisfactory to the council that the first application has been lost or destroyed.

History

• Source: 33 SDR 117, effective January 8, 2007.
• General Authority: SDCL 38-34-8.
• Law Implemented: SDCL 38-34-18, 38-34-19.

ARSD 12:80:03:03 Notice of rejection

If the pulse council rejects a refund application because it does not meet one or more of the requirements of § 12:80:03:01, the pulse council shall return the application to the grower with a written notice of rejection containing a statement of the reasons for the rejection. If the application can be corrected and returned to the council within the 60-day time limit set in SDCL 38-34-18 and meets all requirements of § 12:80:03:01, the council shall process the application.

History

• Source: 33 SDR 117, effective January 8, 2007.
• General Authority: SDCL 38-34-8.
• Law Implemented: SDCL 38-34-18, 38-34-19.

Chapter 12:80:04 Enforcement

ARSD 12:80:04:01 Assessment of delinquent fee

A delinquent fee may be assessed upon any purchaser who has failed to file a report of assessment on pulse crops or an assessment as required by chapter 12:80:02. The delinquent fee shall be based upon the past purchases of the purchaser, applicable assessment invoices, and any other relevant information.

History

• Source: 33 SDR 117, effective January 8, 2007.
• General Authority: SDCL 38-34-8.
• Law Implemented: SDCL 38-34-8, 38-34-17.

ARSD 12:80:04:02 Notice of delinquent assessment

Any assessment on pulse crops that is not remitted as required by § 12:80:02:01 is delinquent. The council may, by certified mail, send a notice of delinquent assessment to the first purchaser at the first purchaser's last known address. The notice shall include the following:

(1) A statement of the assessment;

(2) The period of time the assessment is delinquent;

(3) The basis for the assessment;

(4) A statement that the assessment is due within ten days after the receipt of the notice; and

(5) The penalty assessed.

The notice shall indicate that the first purchaser may request a hearing before the council according to the provisions of § 12:80:04:03.

History

• Source: 33 SDR 117, effective January 8, 2007.
• General Authority: SDCL 38-34-8.
• Law Implemented: SDCL 38-34-8, 38-34-17.

ARSD 12:80:04:03 Hearing request

A first purchaser who has received a notice of delinquent assessment may request, in writing, a hearing before the council. The request shall be filed with the council within ten days after receipt of the notice of delinquent assessment. The request shall contain the following information:

(1) The name and address of the first purchaser;

(2) A statement that explains why the assessment is not delinquent or why the delinquent assessment or penalty is not reasonable;

(3) The signature of the person or authorization of the group filing the request; and

(4) The notarization of the signature or authorization.

History

• Source: 33 SDR 117, effective January 8, 2007.
• General Authority: SDCL 38-34-8.
• Law Implemented: SDCL 38-34-8, 38-34-17.

ARSD 12:80:04:04 Hearing

The council shall hold a hearing in accordance with SDCL chapter 1-26 within 90 days after receiving a hearing notice that is in accordance with § 12:80:04:03.

History

• Source: 33 SDR 117, effective January 8, 2007.
• General Authority: SDCL 38-34-8.
• Law Implemented: SDCL 38-34-8.

ARSD 12:80:04:05 Council decision

The council shall make a decision within 30 days after the hearing. The decision shall be in writing and shall be served on the first purchaser by certified mail.

History

• Source: 33 SDR 117, effective January 8, 2007.
• General Authority: SDCL 38-34-8.
• Law Implemented: SDCL 38-34-8, 38-34-17.

Chapter 12:80:05 Election of council members

ARSD 12:80:05:01 Repealed

Nomination of council member.** Repealed.

History

• Source: 34 SDR 101, effective October 24, 2007; repealed, SL 2015, ch 204, § 53, effective July 1, 2015.

ARSD 12:80:05:02 Repealed

Qualifications of council members.** Repealed.

History

• Source: 34 SDR 101, effective October 24, 2007; repealed, SL 2015, ch 204, § 54, effective July 1, 2015.

ARSD 12:80:05:03 Repealed

Notice of vacancy.** Repealed.

History

• Source: 34 SDR 101, effective October 24, 2007; repealed. SL 2015, ch 204, § 54, effective July 1, 2015.

ARSD 12:80:05:04 Repealed

Certification of candidates.** Repealed.

History

• Source: 34 SDR 101, effective October 24, 2007; repealed, SL 2015, ch 204, § 54, effective July 1, 2015.

ARSD 12:80:05:05 Repealed

Election date.** Repealed.

History

• Source: 34 SDR 101, effective October 24, 2007; repealed, SL 2015, ch 204, § 54, effective July 1, 2015.

ARSD 12:80:05:06 Repealed

Mail balloting.** Repealed.

History

• Source: 34 SDR 101, effective October 24, 2007; repealed, SL 2015, ch 204, § 54, effective July 1, 2015.

ARSD 12:80:05:07 Repealed

Voter eligibility.** Repealed.

History

• Source: 34 SDR 101, effective October 24, 2007; repealed, SL 2015, ch 204, § 54, effective July 1, 2015.

ARSD 12:80:05:08 Repealed

Certification of election.** Repealed.

History

• Source: 34 SDR 101, effective October 24, 2007; repealed, SL 2015, ch 204, § 54, effective July 1, 2015.

ARSD 12:80:05:09 Repealed

Canvas of election.** Repealed.

History

• Source: 34 SDR 101, effective October 24, 2007; repealed, SL 2015, ch 204, § 54, effective July 1, 2015.

ARSD 12:80:05:10 Repealed

Election contests and recounts.** Repealed.

History

• Source: 34 SDR 101, effective October 24, 2007; repealed, SL 2015, ch 204, § 54, effective July 1, 2015.

ARSD 12:80:05:11 Repealed

Term of office.** Repealed.

History

• Source: 34 SDR 101, effective October 24, 2007; repealed, SL 2015, ch 204, § 54, effective July 1, 2015.