Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-10-17 - RULES CONCERNING THE COLLECTION OF ASSESSMENTS AND PENALTIES UNDER CODE OF ALA. 1975, Sections2-19-120, ET SEQ., RELATING TO THE ERADICATION OF BOLL WEEVILS IN COTTON › Section 80-10-17-.02 - Boll Weevil Eradication Assessments And Penalties; Procedures For Contesting; Liens; Bonds

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If the
				Department determines that an assessment or penalty pursuant to
Code of Ala. 1975
, §§
									2-19-120,
et
seq
., should be levied
				against a cotton grower, the Commissioner will so inform the cotton grower of
				the amount due and request payment of same by issuance of a formal Notice and
				Demand. This notice will require payment of the assessment or penalty within 30
				days. If the cotton grower does not agree with the Department's position, the
				cotton grower must file in the Department a written challenge within 15 days
				from the date of the formal Notice and Demand. If the Department conducts a
				contested case hearing in the matter, a final assessment or final assessment of
				penalty will be entered in accordance with the decision and order of the
				Department. If the cotton grower does not appeal to the Department within the
				designated time permitted, a final assessment or final assessment of penalty
				will be entered by the Department. Appeals from final assessments or final
				assessments of penalty by the Department may be made to the appropriate Circuit
				Court, in accordance with procedures set forth in the Administrative Procedures
				Act,
Code of Ala. 1975
, §§
									41-22-1,
et
seq
.
(2) If any person liable to pay any final
				assessment or final assessment of penalty shall neglect or refuse to pay the
				same within 30 days from the date of entry of such final assessment or final
				assessment of penalty, the amount (including any interest or additional
				penalty, together with any costs that may accrue in additional thereto) shall
				be a lien in favor of the Commissioner upon all property and rights to
				property, whether real or personal, tangible or intangible, including but not
				limited to cotton crops before or after harvesting, belonging to such person.
				The Department shall give notice of the lien to the cotton grower and to all
				cotton gins and mills where the grower may gin or sell cotton, and to the
				Probate Court of the county in which the land subject to the assessment shall
				lie and to all cotton gins and mills operating in the State of Alabama and in
				bordering states where cotton crops subject to the assessment are ginned or
				sold.
(3) Notwithstanding the
				foregoing, if within 30 days after the date of the notice of lien, the cotton
				grower may contest the lien in the appropriate Circuit Court upon filing with
				the Department a bond or bond equivalent permitted by law, in double the amount
				of the lien filed, with surety or sureties to be either a surety company
				authorized to do business in Alabama or such individual property owners, not
				less than three in number, as are recommended by the Judge of Probate in the
				county in which notice of lien is recorded, conditioned to pay all such
				assessment or penalty, together with interest, any additional penalty and any
				costs which may have been incurred relative thereto as may be also assessed
				against the cotton grower, principal in said bond. Upon the filing of such bond
				or its equivalent, the Commissioner or his delegate shall withdraw and release
				said lien filed under the provisions of this regulation. However, upon a
				determination by the court that the said person owes all or any part of said
				assessment, judgment therefor shall be entered against said person and the
				surety or sureties on such bond; and, if not paid within 30 days from the date
				of the said judgment, then execution shall issue therefor against said
				principal and the surety or sureties on such bond. If (1) the bond hereinabove
				provided for is not given by the cotton grower and approved by the
				Commissioner, and a judgment is entered against said cotton grower, and said
				cotton grower duly and legally appeals therefrom within the time and in the
				manner provided for under these regulations, and the clerk or register of the
				court to which the appeal has been taken duly and legally approves the bond
				required for an appeal, or if (2) the said cotton grower against whom the
				Department entered the said assessment shall pay the said assessment within 30
				days from the date thereof, then in such event, the Commissioner shall cancel
				or release said lien from record.
Author:
Robert J. Russell
Statutory Authority:
Code of Ala.
					 1975
, §§
											2-2-8;
					 2-19-128;
					 2-18-135(c); Title 2, Chapter 19, Article 6.