OAR 603-042-0060: Assessment Collection Procedures

(1) In the event of delinquent assessments or imposition of penalties, when the assessment amount is known, a commodity commission: (a) Shall send a demand letter immediately following the assessment due date. The demand letter shall include: (A) A statement that the assessment payment is due and delinquent and that the debtor is subject to a penalty for late payment, pursuant to ORS 576.355, 577.785, 579.250; (B) The amount of assessments and penalties owed; and (C) A procedure for requesting reconsideration. A commission may offer a payment plan and include a payment plan request form with a demand letter. If offered, a payment plan must be based on a documented need resulting in an inability to make full payment, be interest bearing, and not exceed one year. (b) May refer the matter, if unresolved, to the Oregon Department of Revenue sixty days after the date of a demand letter. (2) In the event of delinquent assessments or imposition of penalties, when the amount is unknown, the process shall be as follows: (a) A commodity commission shall, immediately following the assessment due date, send a notice of non-payment letter to persons from which assessment payments may be expected. The non-payment letter shall include: (A) A statement that the recipient may be subject to penalties for late payment, if assessments are owed; and (B) a statement that the commission may inspect and audit records to determine the amount of assessments due to the commission. An audit will be conducted at the handler or producer’s place of business. No person may refuse to permit an inspection and audit. (b) If the amount owed is determined but the assessment or any accrued penalties remain unpaid, a commodity commission shall send a demand letter requesting payment. As applicable, the demand letter shall include: (A) A statement that the assessment payment is due and delinquent and that the debtor is subject to a penalty for late payment, pursuant to ORS 576.355, 577.785, 579.250; (B) The amount of assessments and penalties owed; and (C) A procedure for requesting reconsideration. A commission may offer a payment plan and include a payment plan request form with a demand letter. If offered, a payment plan must be based on a documented need resulting in an inability to make full payment, be interest bearing, and not exceed one year. (c) May refer the matter, if unresolved, to the Oregon Department of Revenue sixty days after the date of a demand letter.