ATCP 143.04(3)(d)
(d) To develop and recommend to the secretary administrative rules related to this order.
ATCP 143.04(3)(e)
(e) To receive, evaluate and report to the secretary complaints of violations of this order.
ATCP 143.04(3)(f)
(f) To recommend to affected producers or to the secretary amendments to this order.
ATCP 143.04(3)(g)
(g) To develop procedures for collecting assessments to cover expenses incurred in carrying out programs and the administration of this order.
ATCP 143.04(3)(h)
(h) To collect such information and data as necessary for proper administration of this order.
ATCP 143.04(3)(i)
(i) To determine how funds collected under this order are to be allocated.
ATCP 143.04(3)(j)
(j) To annually prepare a statement on operations of this order, including an independently audited financial statement for the previous marketing year.
ATCP 143.04(3)(k)
(k) To maintain a bond on its officers and employees in an amount of not less than 50% of the annual operating budget of this order.
ATCP 143.04 History
History: Cr.
Register, January, 1983, No. 325, eff. 2-1-83.
ATCP 143.05(1)
(1)
Scope. This marketing order is applicable to all corn produced in the state and sold into commercial channels.
ATCP 143.05(2)(b)
(b) Corn produced for the purpose of feeding the producer's own livestock.
ATCP 143.05(2)(c)
(c) Corn produced and sold directly to a producer of agricultural commodities for the purpose of feeding that producer's own livestock.
ATCP 143.05 History
History: Cr.
Register, January, 1983, No. 325, eff. 2-1-83.
ATCP 143.06(1)
(1) Affected producers shall be liable for an assessment of one-tenth of one cent per bushel on all corn grown in this state and sold into commercial channels. Bushels shall be determined on the basis of scale tickets, invoices, bills of lading, manifests, settlement sheets, or other sales or shipping documents, or any combination of the above.
ATCP 143.06(2)
(2) Assessments shall be collected by handlers or deducted from amounts due affected producers and shall become due to the marketing board at the time title to the corn is transferred from affected producers to handlers. For purposes of this subsection, assessments shall become due to the marketing board at the following times indicated for the respective types of transactions between producers and handlers.
ATCP 143.06(2)(a)
(a) When corn is sold by an affected producer for currency, certified or personal check, money order, or other type of cash transaction, assessments shall become due when the quantity sold is determined.
ATCP 143.06(2)(b)
(b) When corn is sold by an affected producer under a purchase contract, assessments shall become due at the time title is taken by the handler according to terms specified in the contract.
ATCP 143.06(2)(c)
(c) When corn is sold by an affected producer under a basis contract, or any contract negotiated in terms of forward prices, assessments shall become due at the time title is taken by the handler according to terms specified in the contract and without regard to any advance payment received by the affected producer from the handler.
ATCP 143.06(2)(d)
(d) When corn is sold by an affected producer under a deferred price contract, or any contract in which price is determined subsequent to the time possession is taken by the handler, assessments shall become due at the time title is transferred by the affected producer according to terms specified in the contract.
ATCP 143.06(2)(e)
(e) When corn is sold by affected producers to non-resident handlers, producers shall be deemed to be producer-handlers, as defined in
s. ATCP 143.01 (7), acting on their own behalf, and assessments shall be due to the marketing board at the time title is taken by the non-resident handler.
ATCP 143.06(3)
(3) For the purpose of this section, lending agencies, including the commodity credit corporation, shall be deemed handlers, if title is taken for the purposes of foreclosure or loan repayment.
ATCP 143.06(4)
(4) Producer-handlers shall maintain records, file reports, and remit the assessments due on their own corn to the marketing board in accordance with procedures under this chapter.
ATCP 143.06(5)
(5) Assessments shall be payable to the marketing board within 15 days from the end of the month in which assessments became due in accordance with procedures specified by the marketing board.
ATCP 143.06(6)
(6) The marketing board, or the secretary, shall have the authority to audit financial and other records of handlers, producers, or their agents to ensure compliance with this section.
ATCP 143.06 History
History: Cr.
Register, January, 1983, No. 325, eff. 2-1-83.
ATCP 143.07(1)
(1) Any producer who has paid an assessment may receive a refund upon submitting proof satisfactory to the marketing board that the assessment for which the refund is requested has been paid.
ATCP 143.07(2)
(2) Claims for producer refunds must be submitted on forms prescribed by the marketing board and filed within 90 days after the assessments are due to the marketing board by the handler.
ATCP 143.07(3)
(3) All valid requests for refunds shall be paid by the board within 60 days after receipt of the request, or within a reasonable period of additional time as may be necessary to determine the validity of the request.
ATCP 143.07 History
History: Cr.
Register, January, 1983, No. 325, eff. 2-1-83.
ATCP 143.08(1)
(1) Each handler shall maintain accurate records and accounts of all corn purchased from affected producers. Records shall include, but may not be limited to, names and addresses of producers from whom corn was purchased, quantities of corn purchased, and the dates title of corn was taken and payments made or received. Each handler and producer-handler shall maintain and submit reports to the marketing board as the secretary or the marketing board may require as often as necessary to ensure compliance with this order and the proper collection of assessments.
ATCP 143.08(2)
(2) Each handler shall provide affected producers with a record of all assessments collected and remitted to the marketing board at least once each year.
ATCP 143.08(3)
(3) The marketing board or the secretary may require producers to file reports as may be necessary for the administration and enforcement of this order.
ATCP 143.08(4)
(4) The secretary may require the marketing board to provide information necessary for enforcement of
ch. 96, Stats., or this order.
ATCP 143.08 History
History: Cr.
Register, January, 1983, No. 325, eff. 2-1-83.
ATCP 143.09
ATCP 143.09 Violations. Any person who violates a provision of this order is subject to the penalties provided in s.
96.17, Stats.
ATCP 143.09 History
History: Cr.
Register, January, 1983, No. 325, eff. 2-1-83.
