OAR 603-043-0050: Determining Commodity Prices in a Challenge

(1) All prices for any method of selling the commodity reported on the Commission Assessment Challenge Form must be the same term(s) that the respective commission uses to calculate the industry average unit price and in establishing the assessment rate. (2) In addition to the Commission Assessment Challenge Form, the challenger must submit the appropriate documentation to demonstrate the price(s) received. (3) If the challenger is involved in arm’s length transactions for all or part of the challenger’s commodity production, the challenger must prove the total dollar value received by the challenger during the assessment period. (4) If the challenger is a member of a cooperative for all or part of the challenger’s commodity production, the challenger must use the economic value of the commodity as set by the cooperative’s Board of Directors. (5) If the challenger acts as a first handler or processor for all or part of the challenger’s commodity production, the challenger must prove that prices received for the production is equivalent to the prices paid in arm’s length transactions. If the challenger is unable to prove the price equivalence, the challenger must use the commission’s average price for this production in the respective reporting year. (6) If the challenger is not involved in an arm’s length transaction for all or part of the challenger’s production, the challenger must prove that prices received for the production are equivalent to the prices paid in arm’s length transactions. If the challenger is unable to prove the price equivalence, the challenger must use the commission’s average price for this production in the respective reporting year. (7) The total dollar value as determined pursuant to these rules is deemed to be “received by the producer” as that term is used in ORS 576.370 in the reporting year during which the commodity was delivered to the first purchaser or handler.