Current through Register Vol. 50, No. 9, September 20, 2024
A. Incentive Payments Application Procedure
1. A request for incentive payments shall be
submitted in writing on the forms approved by the board.
2. The request for incentive payment form
shall be a public record in accordance with
R.S.
3:3707(E) and shall contain
the following information:
a. name, address
and phone number of certified market participant;
b. signature of authorized agent;
c. date submitted;
d. month for which payment is
requested;
e. number of gallons of
ethanol sold for which incentive payment is requested; and
f. certification by authorized agent that the
information reported on the form is true, correct and complete.
3. The following information shall
be submitted simultaneously with request for incentive payment and such
information shall be exempt from
R.S.
44:1 et seq., and be considered confidential
information:
a. ethanol buyer's name, address
and quantity;
b. total number of
gallons of ethanol and gasohol sold in Louisiana;
c. copies of shipping and receiving
documents; and
d. certification by
authorized agent that the information reported is true, correct and complete;
and
e. an affidavit in authentic
form provided by the commissioner and executed by the blender attesting to the
following:
i. the blender has purchaser from
__________, the certified market participant, _____ gallons of ethanol on the
____ day of _______, 20____, for use in gasohol to be sold in
Louisiana;
ii. the blender shall on
or before the twentieth day of each month file with the Louisiana Department of
Revenue and Taxation report(s) or document(s) or pay monies as may be
appropriate relative to taxes imposed on gasohol; and
iii. the blender shall attach to his
affidavit and mail to the commissioner certified true copies of report(s) or
document(s) field or monies paid by the blender with the Department of Revenue
and Taxation;
iv. the blender shall
attach as a schedule to his affidavit and mail to the commissioner a copy of a
first-in, first-out perpetual inventory report showing each certified market
participant's beginning inventory balance, shipments of ethanol received from
said certified market participant during the month, sales of ethanol for said
certified market participant that month and ending certified market
participant's ethanol inventory. A copy of this schedule will also be sent to
the certified market participant.
4. The incentive payments shall be made only
to certified market participants who have contracts approved by the
board.
B. Procedures for
Payment to Certified Market Participants
1.
Certified market participants must submit a written request for payment which
shall be reviewed and approved as to form and completeness by the commissioner
or his designee.
2. Within five
working days of the fifth day of each month, the commissioner shall notify each
certified market participant of his approval as to form and completeness of
application for the month's incentive payment. This approval shall be evidenced
by a certificate or certificates, the agricultural industry board incentive
payment certificate, in the form approved by the board, signed by the
commissioner stating the payment application has been approved as to form and
completeness. The commissioner shall on or before the fifth working day
following the fifth day of each month issue to certified market participant
their specific agricultural industry board incentive payment certificate. The
certified market participant may, with board approval, assign, those
certificates to a producer, intermediary, blender, financial institution or
other person.
3. The commissioner
is authorized on behalf of the board to take all necessary steps to make
payments to certified market participants from the Agricultural Industry
Incentive Fund.
4. Each incentive
payment made from the fund shall be applied first to the oldest outstanding
certificate issued to the certified market participant until all certificates
issued to the certified market participant shall be paid.
C. Procedures for Adjustments in Incentive
Payments Due to Overpayment. In the event the request for incentive payment is
inaccurate or erroneous, the commissioner shall notify the certified market
participant and if the certified market participant agrees that an error has
been made then the commissioner is authorized to deduct from any future
incentive payment requested an amount sufficient to correct any error in
payment plus legal interest. If the commissioner and the certified market
participant do not agree, then the commissioner shall call an adjudicatory
hearing before the board to consider the matter.
D. Procedure for Other Adjustment of
Incentive Payments. If on a monthly basis the money in the fund is not
sufficient to satisfy all outstanding obligations for incentive payments, the
payments shall be divided proportionately among the certified market
participants in accordance with the following formula: the payment received by
each certified market participant shall be in the same proportion to the total
funds available for incentive payments as the number of gallons of ethanol
produced and sold by the certified market participant for use in gasohol sold
in Louisiana bears to the total number of gallons of ethanol produced and sold
by all the certified market participants for use in gasohol sold in
Louisiana.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
3:3704, R.S. 3705 and R.S.
3707.
