Current through Register Vol. 6, March 22, 2024
(1) Each pool producer must be paid twice
each month by the appropriate pool handler(s) for the pool milk received or
marketed from such pool producer during the month as follows:
(a) A partial or advance payment
approximately equal to the value of the pool milk marketed during the first two
weeks of the month, less one-half of the approximate monthly deductions, must
be paid to the pool producer, or the pool producer's authorized agent, not
later than 30 days after the first day of each month. Such payment need not be
accompanied by an itemized statement.
(b) Payments must be made to each pool
producer or the pool producer's authorized agent, not later than 15 days after
the end of the month that the pool producer's milk was received. This payment
must be based on the appropriate quota price and excess price as adjusted for
the weighted average butterfat content, and subject to deductions for partial
payments under (1)(a) and deductions authorized under (1)(c). The payment must
be accompanied by a statement to each pool producer setting forth the
information required in (1)(d).
(c)
Deductions of any kind (other than assessments that are required under
81-23-105 and
81-23-202,
MCA, license fees, mandatory assessments, hauling fees, advance payments made
pursuant to this section, adjustments to implement milk price forward
contracts, and audit adjustments) from payments due a pool producer may be made
only upon written authorization from a pool producer, or, in the case where a
pool producer is a member of a cooperative, upon formal resolution of the
cooperative directors at a regular business meeting. A copy of the
authorization must be retained by the pool handler as part of its permanent
records.
(d) Payments provided for
in this section must be accompanied by a statement to each pool producer
showing each of the following items for the prior month:
(i) name and address of the pool handler
issuing the statement;
(ii) date of
statement;
(iii) period for which
the statement is rendered;
(iv)
name of the pool producer for whom the statement is intended;
(v) the date, weight, and butterfat test
result for each receipt of milk during the month;
(vi) the total pounds of milk and weighted
average butterfat test of milk received from the pool producer for the month
for which the statement is rendered;
(vii) weight of milk, butterfat, and skim
received that is within the pool producer's quota;
(viii) weight of milk, butterfat, and skim
received that is in excess of the pool producer's quota;
(ix) quota butterfat price (to seven decimal
places) and quota skim price (to seven decimal places);
(x) excess butterfat price (to seven decimal
places) and excess skim price (to seven decimal places);
(xi) minimum payment required by the bureau
for quota and excess milk received;
(xii) milk price forward contract adjustment,
if applicable;
(xiii) amounts paid
as premiums or bonuses;
(xiv)
itemization of deductions for advance payments, hauling, assessments, licenses,
and authorized deductions;
(xv)
total deductions;
(xvi) audit
adjustments; and
(xvii) net amount
due and paid.
(e) On or
before the 15th day of each month, each pool handler must submit to the bureau
a copy of the statements described in (1)(d) that were provided to each pool
producer for the prior month's receipts.
(2) The bureau will periodically audit the
books and records of pool handlers to verify the utilization of all milk
reported pursuant to ARM
32.24.512.
The audits may examine whether there has been proper accounting for and payment
of the amount owed to individual pool producers from whom the pool handler
received milk. Audits may also examine whether correct payment has occurred for
amounts owed between each pool handler and the pool settlement fund and amounts
owed between pool handlers for sales of milk between pool handlers.
(a) Upon completion of each audit, the bureau
will furnish each pool handler with an audit summary, commentary regarding
audit findings, and prescribed adjustments, if any, for each month audited.
(b) Within ten business days of
the date the bureau sent the audit summary to the pool handler, the pool
handler must communicate in writing to the bureau any disagreement with the
audit findings or prescribed adjustments.
(c) Audit adjustments will be incorporated
into the following month's pooling process if no disagreements are communicated
during the review period or if all disagreements or inquiries are resolved.
(d) If the audit determines that
pool producers were overpaid, pool handlers may elect to spread the prescribed
audit adjustments over the following three months through deductions to the
final payments for those months.
(e) If a pool handler communicates in writing
to the bureau as provided in (2)(b), the review period will be extended while
the bureau considers the pool handler's objections. Within ten days after the
bureau sends notice to the pool handler of its decision, the pool handler may
file written application for appearance before the board to review the decision
of the bureau. Audit adjustments will be stayed until the review by the board
is completed. After review, the board will issue an order resolving the
disagreement.
AUTH:
81-23-104,
81-23-302,
81-23-303,
MCA; IMP:
81-23-302,
81-23-303,
MCA