60-12-020 - Collection of assessment

60-12-020. Collection of assessment

(1) Collection of the federal beef check-off assessment shall be accomplished as set forth in the Beef Promotion and Research Act of 1985, 7 USC §§ 2901-11 and the federal Beef Promotion and Research Order, 7 C.F.R. §§ 1260.301 - 1260.316 (Subpart B), referred to in chapter 16.67 RCW as "the federal order."

(2) Procedures for collecting state-authorized assessments are not covered by the federal order and shall be as set forth in RCW 16.67.120(2), 16.67.122, 16.67.130 and this rule.

(3) All state-authorized assessments levied under chapter 16.67 RCW shall be due and payable on the 15th day of the month following the month in which the assessed transaction occurred.

(4) Pursuant to RCW 16.67.130, in the event a person who owes a state-authorized assessment fails to pay the full amount within the time set forth in subsection (3) of this section, the commission is authorized to and shall add an amount of ten percent to the unpaid assessments to defray the cost of collecting the assessment.

(5) Interest at the rate of one percent per month shall accrue on past due assessments pursuant to RCW 43.17.240, starting on the date the assessment became past due.

(6) The commission may assign past due assessments to a state-contracted collection agency to pursue collection. Under RCW 19.16.500, at least thirty days prior to assigning a past due assessment to a collection agency, the commission shall attempt to advise the person who owes the assessment of the existence of the debt and that the debt may be assigned to a collection agency for collection if the debt is not paid.

(7) The commission may bring a civil action under RCW 16.67.130 against any person who owes a past due state-authorized assessment in a state court of competent jurisdiction for the collection thereof, together with ten percent late fee, interest from the date the debt became past due and any other necessary reasonable costs including attorney's fees.

(8) Any civil action for the collection of past due assessments may be combined with an action to collect any past due Washington state department of agriculture brand inspection fees imposed under chapter 16.57 or 16.65 RCW or 16-610 WAC when owed from the same person.

Statutory Authority: RCW 43.17.240, chapters 16.67 and 34.05 RCW. 10-21-057, § 60-12-020, filed 10/15/10, effective 11/15/10.

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