2848                                    LAWS OF MARYLAND                                 Ch. 767

(B) GRAIN MAY NOT BE SUBJECT TO THE ASSESSMENT MORE
THAN ONCE.

(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, WHEN THE FUND REACHES $2,000,000, THE 2 MILLS
ASSESSMENT PROVIDED FOR IN THIS SUBTITLE SHALL CEASE.

(2) IF THE FUND REACHES $2,000,000 PRIOR TO THE
END OF THE HARVEST SEASON, THE ASSESSMENT SHALL CONTINUE
UNTIL THE END OF THE HARVEST SEASON.

(D) THE 2 MILL ASSESSMENT SHALL BE REINSTATED AS
NECESSARY TO MAINTAIN A BALANCE OF $2,000,000 IN THE FUND.

(A) THE GRAIN PRODUCER MAY PRESENT A CLAIM TO THE
DEPARTMENT WHEN:

(1)  THE GRAIN PRODUCER HAS INCURRED A LOSS ON
GRAIN WHICH HAS BEEN DELIVERED TO A GRAIN BUYER;

(2)  THE GRAIN PRODUCER HAS DEMANDED PAYMENT FOR
THE LOSS FROM THE GRAIN BUYER; AND

(3)  NO PAYMENT HAS BEEN FORTHCOMING WITHIN 10
DAYS AFTER THE DEMAND.

(B)  TO VERIFY HIS CLAIM, THE GRAIN PRODUCER SHALL
PRESENT A RECEIPT AND ANY ADDITIONAL EVIDENCE OF LOSS THAT
THE DEPARTMENT MIGHT DEEM NECESSARY.

13-106.

(A) (1) THE GRAIN DEALER SHALL FILE A REPORT WITH THE
DEPARTMENT SPECIFYING THE AMOUNT OF GRAIN RECEIVED DURING
THE PERIOD COVERED BY THE REPORT AND THE AMOUNT OF THE
ASSESSMENT BASED THEREON. THE TIME THE REPORT IS DUE IS AS
FOLLOWS:

(I) IF A GRAIN DEALER HAS RECEIVED AT
LEAST 10,000 BUSHELS OF GRAIN DURING A CALENDAR QUARTER, THE
GRAIN DEALER SHALL FILE THE REPORT BY THE FIFTEENTH DAY OF
THE FOLLOWING CALENDAR QUARTER.

(II) A REPORT MUST BE FILED AT LEAST EVERY
6 MONTHS.

(2) THE GRAIN DEALER SHALL REMIT THE AMOUNT OF
THE ASSESSMENT WHEN THE REPORT IS FILED.

(B) IF A GRAIN DEALER FAILS TO MAKE THE REPORT AND
REMITTANCE REQUIRED IN THIS SUBTITLE, THE DEPARTMENT SHALL
DETERMINE THE AMOUNT OF THE ASSESSMENT ACCORDING TO ITS BEST

JUDGMENT AND INFORMATION AND SHALL MAIL NOTICE OF THE

ASSESSMENT TO THE GRAIN DEALER.

(C) (1) WITHIN 10 DAYS AFTER THE NOTICE GIVEN BY THE
DEPARTMENT, THE GRAIN DEALER MAY EITHER: