OAR 624-010-0050
Refund of Parts of Assessment Used for Advertising and Product Promotion
(1)
Any producer or first purchaser who has paid an assessment pursuant to OAR 624-010-0010 (Assessments) may apply to the Commission for a refund of that portion of the assessment that has been used for advertising and product promotion during the preceding fiscal year. Notwithstanding the foregoing, applications will only be accepted for refunds for assessment paid after January 16, 2004, the effective date of the administrative rule authorizing refunds. An application for refund under this rule must be submitted within 30 days after the close of the preceding fiscal year.(2)
Refund applications under this rule shall be made on forms provided by the Commission. Refund applications must include proof of payment of the assessment, together with any interest and penalties. Proof of payment may include any of the following: settlement sheets, copies of checks, credit card statements, or receipts for cash payments.(3)
Refund applications under this rule, together with proof of payment, must bear the notarized signature of the person seeking the refund, certifying the truth of the information contained in the application. If the refund is sought by a business entity (such as a corporation or partnership), the application must bear the notarized signature of a person authorized to make the application on the business entity’s behalf. If the refund is sought by a person or entity for an assessment that they paid on behalf of a producer, the application shall include a signed, notarized statement from the producer assenting to the application.(4)
Refund applications under this rule that are incomplete, contain erroneous information, or are otherwise deficient will be returned to the person seeking the refund with an explanation of the deficiency. The Commission may request additional information if necessary to evaluate the refund request.(5)
The Commission will either pay refunds within 60 days of the end of the fiscal year or return the application as incomplete, inaccurate, or otherwise deficient.(6)
Any person aggrieved by a decision to deny refund, or to provide a refund in less than the amount sought, may appeal. Appeals shall be in writing, filed with the Executive Director within 30 days of the date of the decision complained of, and shall specifically state all reasons for the appeal and the relief sought.(7)
When the Commission gives notice of its annual budget hearing, it will include a specific statement of the amount proposed to be budgeted for advertising and product promotion, if any.
Source:
Rule 624-010-0050 — Refund of Parts of Assessment Used for Advertising and Product Promotion, https://secure.sos.state.or.us/oard/view.action?ruleNumber=624-010-0050.