Utah Administrative Code
Topic - Agriculture and Food
Title R65 - Marketing and Economic Development
Rule R65-11 - Utah Sheep Marketing Order
Section R65-11-5 - Expenses - Assessments - Collection and Disbursement
Current through Bulletin 2024-06, March 15, 2024
(1) Pursuant to Subsection 4-23-109(1) Each producer subject to this rule may pay to the board a pro rata share of expenses as the commissioner may find necessary to be incurred by the board for the functioning of the marketing order. This assessment shall constitute a personal debt of every person so assessed and shall be due and payable upon the sale of wool.
(2) The pro rata shares of the expenses payable by a cooperative association of producers shall be computed based on the quantity of the product covered by the order which is distributed, sold, or shipped in commerce by a cooperative association of producers.
(3) When levied, the assessment of each producer shall be deducted from the producer's gross receipt by the wool purchaser or handler.
(4) The board shall reimburse the commissioner for any funds that are expended by the commissioner in performing their duties, as provided in Section R65-11-4. Reimbursement includes only funds expended in connection with this rule.
(5) The board may incur expenses as are necessary to carry out its functions subject to the approval of the commissioner. The board shall receive and disburse any funds received by it pursuant to Section R65-11-5.
(6) Any producer who wishes a refund of their paid assessment may request the refund by notifying the board in writing within 30 days of payment of the assessment.
(7) Assessments made and monies collected under this rule shall be divided into:
(8) At the end of a fiscal year, if the funds collected are more than the expenses incurred, the board may carry over any excess portion into subsequent years as a reserve with the commissioner's approval.
(9) The board shall have its financial records audited by an independent auditor at least once each fiscal year and at any time the commissioner requests. The annual audit shall be completed and provided to the department's Administrative Services Division within 180 days of the end of each fiscal year.