commodity producer who has paid an assessment under ORS
may file a challenge with the commission if the total assessment levied against
the producer during the assessment period established by the commission exceeds
one and one-half percent of the total dollar value received by the producer for
the raw commodity during that assessment period.
(2) A producer may file a challenge by
obtaining a Commission Assessment Challenge Form from the relevant commodity
commission. The producer must file the completed Challenge Form with a US
Postmark dated no later than on the 60th day following the close of the
assessment period. Failure to comply with this requirement must result in an
automatic denial of the challenge.
(3) The commission must approve or disapprove
the challenge in writing within 90 days following the deadline for the
challenge. At any time before the commission issues its decision, either the
commission or the challenger may request informal methods of resolution. If
involved in an informal method of resolution, the 90 day period may be extended
by consent of both parties.
a commission approves the challenge, the commission will refund the challenger
within 30 days of the date of the approval for the amount of the assessment
that the challenger proves is in excess.
(5) If a commission disapproves the
challenge, the producer may file an action in the appropriate court.