HARRY HUGHES, Governor

2849

(I) PAY THE ASSESSMENT, TOGETHER WITH A 5
PERCENT PENALTY ON THE AMOUNT OF THE ASSESSMENT; OR

(II) REQUEST A HEARING BEFORE THE

DEPARTMENT TO DETERMINE THE AMOUNT OF THE ASSESSMENT AND
PENALTY TO BE IMPOSED.

(2) IF THE GRAIN DEALER REQUESTS A HEARING,
PAYMENT MAY NOT BE MADE UNTIL THE DEPARTMENT ENTERS ITS
ORDER DETERMINING THE AMOUNT DUE.

(3) PAYMENT SHALL BE MADE WITHIN 10 DAYS AFTER
THE DEPARTMENT'S DECISION.

(D) ANY PERSON WHO VIOLATES ANY PROVISION OF THIS
SUBTITLE IS GUILTY OF A MISDEMEANOR AND, ON CONVICTION, IS
SUBJECT TO A FINE NOT EXCEEDING TWICE THE AMOUNT OF THE
ASSESSMENT OWED.

(A)  NO PAYMENTS MAY BE MADE FROM THE FUND UNTIL THE
AMOUNT CONTAINED IN THE FUND EXCEEDS $250,000.

(B) (1) ALL CLAIM PAYMENTS WILL BE MADE BY THE
DEPARTMENT FROM THE FUND ON FEBRUARY 1 FOLLOWING THE DATE OF
CLAIM. THE PRICE PER BUSHEL OF GRAIN SHALL BE ESTABLISHED
ON THE DAY OF THE LOSS AND SHALL BE FOR THE FULL MARKET
VALUE ON THAT DAY.

(2)  IF THERE ARE INSUFFICIENT FUNDS TO COVER ALL
CLAIMS FOR A CERTAIN YEAR, PAYMENTS SHALL BE MADE ON A PRO
RATA BASIS UP TO 80 PERCENT OF THE TOTAL LOSS OF EACH GRAIN
PRODUCER. IF PAYMENT IS NOT RECEIVED IN THE AMOUNT OF 80
PERCENT OF TOTAL LOSS FOR A CERTAIN YEAR, THEN SUCH
ADDITIONAL AMOUNTS SHALL BE PAID AS FUNDS BECOME AVAILABLE
IN SUCCEEDING YEARS UNTIL REPAYMENT OF 80 PERCENT OF TOTAL
LOSS IS ATTAINED. IF AT ANY TIME A PRODUCER RECEIVES
PAYMENT TOTALING MORE THAN 80 PERCENT OF TOTAL LOSS, SUCH
EXCESS PAYMENT SHALL IMMEDIATELY BE RETURNED TO THE FUND.

(3)  UPON FINAL PAYMENT OF A CLAIM TO A GRAIN
PRODUCER FROM THE FUND, THE GRAIN PRODUCER SHALL SUBROGATE
HIS INTEREST, IF ANY, TO THE DEPARTMENT IN A CAUSE OF ACTION
AGAINST ANY AND ALL PARTIES TO THE AMOUNT OF THE LOSS THAT
THE GRAIN PRODUCER WAS REIMBURSED BY THE INDEMNITY FUND.

13-107.

(A) (1) THE GRAIN BUYER 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 BUYER HAS RECEIVED AT LEAST
10,000 BUSHELS OF GRAIN DURING A CALENDAR QUARTER, THE GRAIN
BUYER SHALL FILE THE REPORT BY THE FIFTEENTH DAY OF THE
FOLLOWING CALENDAR QUARTER.