North Dakota Administrative Code
Title 51 - Milk Marketing Board
Article 51-02 - Dairy Industry Regulations
Chapter 51-02-01 - Milk Classification - Reporting and Auditing Procedures
Section 51-02-01-16 - Auditing procedure
Current through Supplement No. 394, October, 2024
1. The board shall cause periodic audits of the books and records of the processors to be made to verify the utilization of all milk reported pursuant to section 51-02-01-10, and thereby establish payment or nonpayment of minimum dairy farmer prices fixed by official orders of the board.
2. Overpayments made by processors to dairy farmers not offset against underpayments or otherwise collected by the processor within ninety days after final settlement of the board's audit or the period during which the overpayment was determined will not be credited to the processor in any subsequent audits.
3. Upon completion of each audit the processor will be furnished with an audit summary and commentary with respect to the audit results and with indicated dairy farmer adjustments, if any, for each month audited. All underpayments settlements shall be paid to dairy farmers on or before the next regular pay date and proof of such settlement payments shall be filed with the board by the processor forthwith.
4. At any time a processor is unwilling or unable to reconcile the audit results with official orders of the board, the processor may request a review of the audit by the executive secretary. The time limitation for final settlement payment to dairy farmers will be stayed until ten days after such review is completed and the processor has received notice of the executive secretary's decision.
5. Within ten days after the processor receives notice of the executive secretary's decision, the processor may file written application for appearance before the board at its next regular meeting to review the decision of the executive secretary. The time limitation on final settlement payment to dairy farmers will be further stayed until review by the board is completed.
General Authority: NDCC 4-18.1-01, 4-18.1-15
Law Implemented: NDCC 4-18.1-15
