Or. Admin. R. 603-043-0040 - Challenge Process

(1) Any commodity producer who has paid an assessment under ORS 576.325(3)(a) 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.

(4) If 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.

Notes

Or. Admin. R. 603-043-0040

DOA 20-2002, f. & cert. ef. 7-26-02

Stat. Auth.: ORS 576.044 & ORS 576.370

Stats. Implemented: ORS 576.320