Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 700 - ORGANIZATIONAL CHART, DESCRIPTION, RULEMAKING PROCEDURE, AND PROGRAMS › Subpart G - RULEMAKING FLOW CHARTS › Appendix B - Marketing Program For Illinois Corn and Corn Products

Current through Register Vol. 48, No. 28, July 12, 2024
ARTICLE I
PURPOSE:
This program is developed not to increase production but to
				  enable Illinois corn producers to coordinate more effectively the maintenance
				  and development of markets for corn and corn products; to provide for the
				  needed utilization research; to develop new uses for corn and corn products;
				  and to provide for more efficient and economical markets.
To accomplish this objective, it is essential to provide
				  procedures for the development of new and larger markets for corn; to provide
				  procedures to engage in research directed toward more efficient utilization of
				  corn; to provide procedures to support worldwide market development programs
				  and cooperate with other states, organizations, agencies and persons in market
				  development, market information, and research programs; and to provide
				  procedures to elect an initial producer board and its successors to operate
				  this program.
ARTICLE II
AUTHORITY:
This marketing program for Illinois corn and its procedures
				  is established pursuant to the Illinois Corn Marketing Act [505 ILCS 40
				  ].
ARTICLE III
PROGRAM EXTENT:
All producers of corn in Illinois are qualified to
				  participate and all corn sold to a first purchaser is subject to the
				  program.
ARTICLE IV
DEFINITIONS:
Terms used in this marketing program shall be defined in the
				  Act and as follows unless context clearly requires otherwise:
(a) "Act" means the Illinois Corn Marketing Act
				  [505 ILCS 40 ].
(b) "'
Corn
'
means and
				  includes all kinds of varieties of corn (excluding popcorn and sweet corn)
				  grown in this State and marketed and sold as corn by the
				  producer.
"1
(c) "'
Person
'
means any
				  natural person, partnership, corporation, society, association, representative
				  or other fiduciary.
"1
(d) "Producer" means any person engaged in this
				  State in the business of producing and marketing corn and who is effected by
				  this program by virtue of having the first rights of ownership in any corn for
				  which payment is received at the first point of sale.
(e)
"'First Purchaser' means any person
				  who resells corn purchased from a producer or offers for sale any product
				  produced from such corn for any
				  purpose.
"1
(f) "
'Market Development' means to engage
				  in research and educational programs directed toward better and more efficient
				  utilization of corn; to provide methods and means for the maintenance of
				  present markets; for the development of new and larger domestic and foreign
				  markets.
"1
(g) "Corn Marketing Program" means the program
				  established under the authority of the Corn Marketing Act and approved by the
				  corn producers.
(h) "Corn Marketing Board" means the board
				  established by any corn marketing program to administer a corn marketing
				  program.
(i) "'
Director
'
means the
				  Director of the Department of Agriculture of the State of
				  Illinois.
"1
(j) "'
Department
'
means
				  the Department of Agriculture of the State of
				  Illinois.
"1
(k) "'
Bushel
'
means 56
				  pounds of corn by weight.
"1
(l) "District" means the geographical divisions of
				  the State established pursuant to this marketing program.
(m) "Sale" or "Sold" means a transaction wherein
				  the property in or to corn is transferred from the producer to a first
				  purchaser for consideration.
(n) "Eligible Voter" means one who is defined both
				  as a person and as a producer in this program during the previous 365 days
				  prior to the referendum date.
(o) "Affected Producer" means any person defined
				  as a producer in this program who is subject to the assessment.
(p) "Corn Checkoff Program" means a program
				  defined as a corn marketing program.
1Quoted from Section 3 of the
				  Illinois Corn Marketing Act [505 ILCS 40/3 ].
ARTICLE V
CORN MARKETING BOARD:
Section 1. Establishment and Membership.
A corn marketing board is hereby established with powers and
				  duties as authorized pursuant to the Act and this program. The Board shall be
				  comprised of 15 members elected from districts as provided in Section 2 of this
				  Article. The 15 members shall be elected, one from each district.
Section 2. Representative Districts.
For the purpose of nomination and election of members to the
				  Board, the territory of the State of Illinois shall be divided into 15
				  representative districts as follows:
District I: Boone, McHenry, Lake, DeKalb, Kane,
				  Cook, DuPage, Kendall and Will Counties.
District II: JoDaviess, Stephenson, Winnebago,
				  Carroll and Ogle Counties.
District III: Knox, Henry, Warren, Henderson,
				  Mercer and Rock Island Counties.
District IV: Whiteside, Lee, Bureau, Stark,
				  Marshall and Putnam Counties.
District V: LaSalle, Grundy, Livingston and
				  Kankakee Counties.
District VI: Ford, Iroquois, Champaign and
				  Vermilion Counties.
District VII: Woodford, McLean, DeWitt, Macon,
				  Piatt and Moultrie Counties.
District VIII: Peoria, Tazewell, Fulton, Mason,
				  Cass, Menard and Logan Counties.
District IX: Hancock, McDonough, Adams, Schuyler,
				  Brown and Pike Counties.
District X: Scott, Morgan, Sangamon, Greene,
				  Jersey, Calhoun and Macoupin Counties.
District XI: Christian, Montgomery, Shelby,
				  Fayette and Effingham Counties.
District XII: Douglas, Edgar, Coles, Clark,
				  Cumberland, Jasper and Crawford Counties.
District XIII: Marion, Clay, Richland, Lawrence,
				  Jefferson, Wayne, Edwards, Wabash and White Counties.
District XIV: Madison, Bond, St. Clair, Clinton,
				  Monroe and Washington Counties.
District XV: Randolph, Perry, Jackson, Franklin,
				  Williamson, Hamilton, Saline, Gallatin, Union, Johnson, Pope, Hardin,
				  Alexander, Pulaski and Massac Counties.
Section 3. Board Membership Qualifications.
Board members shall be residents of the State of Illinois, of
				  legal voting age, and be subject to the program. Board members shall be
				  affected producers of corn in this State subject to the assessment and residing
				  in the district in and for which they are nominated and elected. The
				  qualification of members as set forth herein must continue during their term of
				  office or their office shall be declared vacant.
Section 4. Term of Office.
The term of office of a board member shall be three years or
				  until his successor is elected and qualified except for the initial board which
				  shall be provided in Section 5 of this Article.
A term of office shall terminate on July
				  31st of the year in which the board member's office
				  expires.
A board member can only serve three full consecutive three
				  year terms.
Section 5. Initial Board.
If this program is adopted by corn producers, the Director
				  shall initiate the procedures to elect the initial 15-member board as outlined
				  in this corn marketing program and the Act. The Director shall specify the day
				  on which the election of the initial board will be held. The day on which this
				  election is held, shall be no more than 210 days from the date of close of the
				  referendum on adoption of this corn marketing program.
Board members shall serve three year terms; provided,
				  however, that the initial term of the board members from Districts I, IV, VII,
				  X, and XIII shall expire July 31, 1984; the initial terms of board members from
				  Districts II, V, VIII, XI, and XIV shall expire July 31, 1985; and the initial
				  terms of board members from Districts III, VI, IX, XII, and XV shall expire
				  July 31, 1986.
When the initial term of office expires in a district, an
				  election shall be held as provided in this program and the Act to fill the
				  vacancy.
Section 6. Nominations.
(a) Procedure for nominating candidates for
				  election to the initial board: Any affected producer may become a candidate
				  from his district and have his name placed on the ballot if he files a petition
				  with the Director containing the signatures of 200 or 5 percent, whichever is
				  less, of those eligible voters in his district qualified to vote on the
				  referendum. The petitions to become a candidate for board members must be filed
				  with the Director by a time and date specified by the Director. Petitions for
				  becoming a candidate shall be available at the principal office of the
				  Cooperative Extension Service serving each county and upon request from the
				  Director. Position of candidates' names on the ballot to become a board member
				  shall be determined by lot by drawing by the Director. Candidates shall be
				  notified of the time and place where such drawing shall occur. Voting shall be
				  held at geographically located polling places throughout the district.
(b) Subsequent Years. Procedure for Nominating
				  Candidates to the Board in Subsequent Years: Each district having a vacancy on
				  the board by an expiring term shall hold an election to fill such vacancy. The
				  election shall be held during July of the year in which the vacancy exists. Any
				  affected producer meeting the requirements of Section 3 may become a candidate
				  from his district and have his name placed on the ballot for which a vacancy
				  exists if he files a petition with the Director containing the signatures of
				  200 or 5 percent, whichever is less, of affected producers from his district.
Petitions to become a candidate for board member
				  must be filed with the Director by May 15th of the year in which the election
				  is to be held in that District. Notification to all affected producers in the
				  district where a vacancy exists shall be published once in the official state
				  newspaper and made available to newspapers of general circulation in that
				  district and to all other news media in that district. Notification shall be
				  given no earlier than March 1 nor later than March 15 in the district where
				  vacancy on the board will occur. Petition for becoming a candidate shall be
				  available at each principal county office of the Cooperative Extension Service
				  in the district where a vacancy exists and upon request from the Director.
				  Position of the candidates' names on the ballot shall be determined by lot by a
				  drawing by the Director. Candidates shall be notified of the time and place
				  where such drawing shall occur. Voting shall be held at geographically located
				  polling places throughout the district.
Section 7.
(a) Election of Initial Board.
Each eligible voter shall be entitled to one vote
				  and shall be entitled to vote for one candidate to be such producer's district
				  representative on the corn marketing board.
The candidate from each district receiving the
				  greatest number of votes in the election shall be the district's representative
				  on the board. In case of a tie, the winner will be determined by drawing. The
				  elected board member will take office immediately after certification of
				  election results. Each eligible voter shall vote at the local Cooperative
				  Extension Service office serving the county in which such eligible voter
				  resides.
(b) Election of Board in Subsequent Years.
The election of board members in districts where a
				  vacancy occurs due to an expiring term shall be conducted by the corn marketing
				  board. Nominations shall be as set forth in Section 6(b) of the program. The
				  elected board member shall take office on August 1 of the year in which such
				  board member is elected.
Section 8. Election Ballot.
The election ballot used in each district will contain only
				  the name(s) of the candidate(s) for its district, with space provided for a
				  write-in candidate. Write-in votes shall be counted only for persons who have
				  filed notarized declarations of intent to be write-in candidates with the
				  Director not later than 5:00 p.m. on the Tuesday immediately preceding the
				  election.
Forms for the declaration of intent to be a write-in
				  candidate shall be supplied by the Director. Such declaration shall specify the
				  office for which the person seeks election as a write-in candidate.
Section 9. Absentee Ballot.
Eligible voters who reside outside the State of Illinois or
				  eligible voters within the State who cannot be physically present at the polls
				  on the day of any board members' election held under this Article may request
				  an absentee ballot. The Director shall provide to any eligible voter an
				  absentee ballot upon request beginning thirty (30) days prior to the initial
				  election of directors and subsequent election of directors where a vacancy
				  exists. Any eligible voter requesting an absentee ballot shall be required to
				  file with the Director an affidavit swearing that such eligible voter is
				  eligible to vote in the election of board members. Such affidavit shall be
				  available upon request from the Director. All absentee ballots and affidavits
				  must be received by the Director at least two (2) working days prior to any
				  election of board members.
Section 10. Elections.
The Director shall appoint election judges for the election
				  of board members.
Section 11. Powers and Duties of the Board.
The board shall have the following powers and duties:
(a) to administer, enforce, direct, and control
				  provisions of this program as its administrative board pursuant to the
				  authority contained in the Act;
(b) to annually establish priorities and to
				  prepare and approve a budget consistent with estimated resources and scope of
				  the marketing program;
(c) to formulate and execute assessment
				  procedures, and methods of collection;
(d) to procure and evaluate data and information
				  necessary for the proper administration and operation of marketing
				  program;
(e) to employ personnel and contract for services
				  which are necessary for the proper operation of the marketing program;
(f) to authorize the expenditure of funds and the
				  contracting of expenditures to conduct proper activities of the program;
(g) to provide for an independent audit to be made
				  and be available to all program participants;
(h) to publish annually, upon completion of and at
				  the same time of the audit, an Activities and Financial Report and make
				  available to all affected producers;
(i) to elect a chairman, vice chairman, secretary
				  and treasurer and other such officers as it deems necessary;
(j) to take steps to insure that adequate bonds
				  are maintained and to insure adequate protection of funds;
(k) to confer and cooperate with legally
				  constituted authorities of other states and the United States;
(l) to accept donations, gifts, and other
				  properties to be used for program purposes;
(m) to receive and investigate or cause to be
				  investigated complaints and violations of this program and the Act and to take
				  such action as is necessary within its authority;
(n) to establish accounts in adequately protected
				  financial institutions to receive, hold and disperse program monies;
(o) to approve and recommend desirable amendments
				  to the program;
(p) to establish procedure to refund to a producer
				  any assessment paid by such a producer if he requests such a refund; and
(q) to perform such other duties which may be
				  necessary to proper operation of the board.
Section 12. Limitation of Liability of Board Members and
				  Employees.
Obligations incurred by the board and any other liabilities
				  or claims against the board shall be enforced only against the assets of the
				  board in the same manner as if it were a corporation and no liabilities for the
				  debts or actions of the board shall exist against either the State of Illinois
				  or any subdivision thereof or against any board established pursuant to the Act
				  or the assets thereof or against any member, officer, employee, or agent of the
				  board in his individual capacity. The members of the board, including employees
				  thereof, shall not be held responsible individually in any way whatsoever to
				  any person for errors in judgment, mistakes, or other acts either of commission
				  or omission, as principal, agent, person, or employee except for their own
				  individual acts which result in a violation of any law. No such person or
				  employee shall be held responsible individually for the act or omission of any
				  member of the board. The liability of the members of the board shall be several
				  and not joint and no members shall be liable for the default of any other
				  member.
Section 13. Board Vacancies.
Procedures for filing: Vacancies occurring on the board
				  during an unexpired term of office shall be filled by the board with an
				  appointee who is a qualified producer from the district affected by the
				  vacancy. The appointee shall serve as the district's representation on the
				  board for the unexpired term.
Section 14. Board Compensation.
"
All voting members of the corn marketing board are
				  entitled to actual and necessary travel and incidental expenses while attending
				  meetings of the board or while engaged in the performance of official
				  responsibilities as determined by the
				  board.
"2 Board members are not entitled to
				  any salary or per diem.
2Quoted from Section 11 of the
				  Illinois Corn Marketing Act [505 ILCS 40/11 ].
ARTICLE VI
REFERENDUMS AND ELECTIONS:
Section 1. The initial program referendum shall provide for
				  the question of adoption of the program with a place to vote "yes" or "no". The
				  initial program referendum shall be conducted by ballot mailed to producers. A
				  period of 21 days from the date of mailing of the ballot shall be allowed for
				  the return of such ballots. Ballots shall be returned to the Director by mail
				  or by personal delivery by the voting producer at such address as may be
				  designated by the Director. When requested in writing, the Director shall
				  provide a ballot to any producer whose name does not appear on the list of
				  producers maintained by the Agricultural Stabilization and Conservation Service
				  or who for any reason did not receive a ballot. "
Reasonable publicity
				  and notification of the referendum date and voting locations shall be provided
				  in trade publications, the public press and the official state newspaper, at
				  least two weeks prior to such referendum
				  date.
"3
The Agricultural Stabilization and Conservation Service list
				  of producers shall be the official mailing list used for the program
				  referendum.
A corn marketing program or an amendment to a corn marketing
				  program is approved when a majority of the statewide total of those voting in
				  the referendum vote in favor of such program or amendment to a program.
3Quoted from Section 9 of the
				  Illinois Corn Marketing Act [505 ILCS 40/9 ].
Section 2. Qualification to Vote.
Any person who is defined as a producer in this program shall
				  be entitled to one vote. Such eligible voter shall be required to sign a
				  statement or affidavit declaring that such person is an eligible voter in the
				  program.
An eligible voter who meets the definition of a "producer" in
				  more than one county or on more than one tract of land may only vote once in
				  their own name. If more than one vote is cast, only one vote, cast in the
				  county of residence, will be counted.
A person or business organization which meets the "producer"
				  definition may designate some individual to vote on its behalf. In such cases,
				  the following guidelines apply:
In cases of ASSOCIATIONS, BUSINESSES, COOPERATIVES,
				  UNIVERSITIES, COLLEGES, FOUNDATIONS, or any other business entity, only an
				  officer may cast one vote for this business organization.
PARTNERSHIP, JOINT TENANCY: If ownership of the commodity is
				  held in the partnership name or in joint ownership, only one partner/owner may
				  cast one vote. It is the responsibility of the partnership/joint ownership to
				  decide who will vote.
FIDUCIARY: Only the court-appointed legal representative of a
				  trust, estate, conservatorship, guardianship or other fiduciary relationship
				  may cast one vote for the business held in trust.
LANDLORD AND TENANT: Each may cast one vote if each meets the
				  "producer" definition.
HUSBAND AND WIFE: If the corn is held in joint ownership by
				  both husband and wife, only one spouse may cast one vote. If each meets the
				  "producer" definition as a separate entity, then each may cast one vote.
Section 3. Teller Committee.
The Director shall appoint a teller committee composed of
				  members of the agricultural community to count absentee ballots, canvass and
				  certify results of referendums and elections of district candidates.
ARTICLE VII
PROGRAM:
Section 1. Market Development, Promotion, and Public
				  Relations Programs.
The board, subject to the provisions of this program and the
				  Act, is authorized to contract with or make grants to any qualified
				  organizations, agencies, or persons for any market development and promotion
				  activities, education and public relations programs or market information
				  services which will result in the opening of new markets for corn and corn
				  products, or which will result in the expansion of existing markets. These
				  activities may include, but not be necessarily limited to the following:
(a) Preparation and dissemination of marketing
				  information to include supply information, demand information, quality
				  characteristics, and other facts concerning corn and corn products.
(b) Provide information to foreign feed
				  manufacturers and corn refiners for the purpose of expanding their use of corn
				  and corn products.
(c) Work with U.S. agricultural attaches or any
				  other agency or organization in removing restrictive foreign and domestic
				  regulations or barriers which hinder the free flow of corn or corn products to
				  their ultimate markets.
(d) Participate in trade fairs, exhibitions, food
				  shows, and other such activities for the purpose of developing markets.
(e) The board, subject to the provisions of this
				  program and the Act, is authorized to contract with or make grants to any
				  qualified organizations, agencies, or persons for any needed research or survey
				  studies related to corn and their products which will result in improved
				  efficiency and aid corn producers in maintaining present and any new and larger
				  markets.
Section 2. Educational Program.
The board is authorized to conduct, contract with, or make
				  grants to any qualified organizations, agencies, or individuals for any
				  educational materials and educational programs pertaining to corn and corn
				  products.
The educational program established pursuant to this
				  authority shall emphasize the results of research, market development, and
				  other programs sponsored, supported, or otherwise implemented by or for the
				  board.
ARTICLE VIII
ASSESSMENTS:
Section 1. Assessment Levied.
(a) All assessments made and levied pursuant to
				  the provisions of the Act and the program shall be paid by the respective
				  affected producers who shall be liable therefore as provided by Sections 16 and
				  17 of the Act.
(b) Such assessments shall be 5/8 cent per bushel
				  on corn produced and sold by such affected producer. After the first five years
				  of operation of the program, the corn marketing board may request the Director
				  to hold a referendum to increase the assessment rate.
(c) Such assessment shall be collected from the
				  affected producers by the first purchaser of corn and such first purchaser
				  shall deduct the full amount of assessment from total monies due the producer
				  and shall account for, report on, and remit to the board all monies collected,
				  except as otherwise provided in this section. Such monies collected shall be
				  remitted quarterly and shall be made by the 15th of
				  the month following the end of each quarter. Such quarters shall end March 31,
				  June 30, September 30, and December 31 of the year in which assessment is due.
				  If remittance of assessment by first purchaser is made by the
				  15th of the month following the end of the quarter,
				  such first purchaser making remittance shall be entitled to retain two percent
				  (2%) of such remittance due.
(d) Any producer who shall sell, ship, or
				  otherwise dispose of corn to a first purchaser or other person outside the
				  jurisdiction of this marketing program shall forthwith remit to the board the
				  full amount of the assessment due.
(e) The board shall establish regulations and
				  procedures to insure the collection of such assessments as shall be due and
				  payable under this marketing program.
(f) The board shall give reasonable notice to all
				  producers, processors and handlers of all changes in regulations and procedures
				  and any amendments thereto for the collection of the assessment.
ARTICLE IX
RIGHT OF REFUND:
Section 1.
(a) Any affected producer may request that each
				  assessment paid by him be refunded.
(b) A refund shall be payable upon request. Such
				  request shall be made to the board not more than sixty (60) days after the
				  deduction has been made or not more than sixty (60) days after the remittance
				  has been made by the first purchaser. Applications for refund shall be given by
				  the board to each first purchaser when requested and the first purchaser shall
				  make the applications available to any producers.
(c) The board shall establish procedures to insure
				  the refunds of such assessment as are requested.
ARTICLE X
FUNDS:
Section 1.
The board shall deposit all monies collected pursuant to this
				  program in an account as established in Article V of this program. Expenses and
				  disbursements incurred and made pursuant to the Act and this program shall be
				  made by voucher, draft or check bearing the signature of a person or persons
				  designated by majority vote of the board.
Section 2.
Monies collected by the board pursuant to the Act and this
				  program as assessments shall be used by the board for the purpose of paying for
				  the costs or expenses arising in connection with carrying out the purpose and
				  provisions of the Act and this program.
ARTICLE XI
INFORMATION REPORTS:
All persons subject to this program and the Act shall make
				  and render such reports and furnish such information to the Director and board
				  as may be necessary or required to effectuate the purposes thereof. Information
				  obtained by any person pursuant to this Article shall be confidential and shall
				  not be disclosed to any other person, save a person with the right to obtain
				  the same or any attorney employed by the board to give legal advice thereon or
				  by court order.
ARTICLE XII
PROCEDURES:
Section 1.
Following approval of the corn marketing program, the
				  Director shall file the program with the Secretary of State as provided in
				  Section 6 of the Illinois Corn Marketing Act.
Section 2.
All procedures promulgated pursuant to the Act shall be
				  available upon request to those persons affected by this program and the
				  Act.
ARTICLE XIII
APPEALS:
Section 1.
Any person subject to this program may appeal to the board to
				  review any administrative decision. The board shall establish by regulation the
				  contested case procedure in accordance with the Administrative Procedure Act [5
				  ILCS 100 ].
Section 2.
Pending the disposition of any appeal set forth in Section 1
				  of this Article, the party shall abide by the decision unless the board shall
				  rule otherwise. The board shall, if the facts stated show reasonable grounds,
				  revise any order or decision upon which an appeal is taken.
ARTICLE XIV
DEROGATION:
Nothing contained herein is or shall be construed to be in
				  derogation or in modification of the rights of the Director or of the State to
				  exercise any powers granted by the Act or otherwise, and in accordance with
				  such powers to act in the premises whenever such action is deemed
				  advisable.
ARTICLE XV
COOPERATION WITH OTHER AGENCIES:
The board, with the assistance of the Director and subject to
				  the provisions of the Act, is authorized to cooperate with agencies of the
				  United States Government, the State of Illinois, and other states as deemed by
				  the board and the Director to be desirable and useful in effectuating the
				  purposes of this program and Act.
(a) Coordination and cooperation in promotion,
				  advertising, educational programs, informational programs, marketing and
				  transportation research, and any of the several areas of authority authorized
				  by the program and the Act.
(b) Coordination of purposes with other boards,
				  commissions, or any other marketing group in the State or other states, areas,
				  or foreign countries so long as such cooperation is in the best interest of the
				  corn producers in Illinois.
ARTICLE XVI
EFFECTIVE TIME:
This marketing program shall become effective upon its
				  adoption. The assessment will not be levied until April 1 or 60 days after the
				  date of the election of the initial board, whichever is later, and shall
				  continue in effect for five (5) years and shall automatically be extended from
				  year to year unless a referendum for continued approval is requested by written
				  petition of no less than ten percent of corn producers affected by the program
				  in each respective district as published in the latest Census of Agriculture as
				  published by the U.S. Department of Commerce, Bureau of Census. Such referendum
				  is to be held in accordance with Section 9 of the Act and shall have as set
				  forth in Section 7 of the Act.
ARTICLE XVII
SEVERABILITY:
If any provision of the marketing program or the Act shall be
				  declared invalid, or the applicability thereof to any person, circumstance or
				  thing is held invalid, the validity of the remainder of this marketing program
				  or the Act or the applicability thereof to any person, circumstance or thing
				  shall not be affected.
ARTICLE XVIII
ENFORCEMENT:
Section 1.
"
Persons who collect corn marketing program
				  assessment funds pursuant to Section 15 of this Act shall remit such funds to
				  the corn marketing board which shall deposit such in an account to be used as
				  authorized by the corn marketing program.
Any due and payable assessment required under the
				  provisions of any corn marketing program created under this Act constitutes a
				  personal debt of every person so assessed or who otherwise owes such
				  assessment. Such assessment is due and payable to the corn marketing board not
				  more frequently than quarterly or when stipulated in the corn marketing program
				  and called for by the corn marketing board. In the event any person fails to
				  remit the full amount of such due assessment or such other sum within 30 days
				  after the due date, the person owing such assessment shall be given an
				  opportunity to present his case as provided for in Section 20 of this Act. When
				  established that the assessment is correct, the corn marketing board may add to
				  such unpaid assessment or sum a penalty amount not exceeding 10% of the amount
				  due plus all the cost of enforcing the collection of the assessment or sum due.
				  In the event of failure of such person to remit any properly due assessment or
				  sum, the corn marketing board may bring a civil action against such person in
				  the circuit court of any county for the collection thereof, together with the
				  above additional specified 10% penalty assessment, cost of enforcing the
				  collection of the assessment and court costs. Such action shall be tried and
				  judgment rendered as in any other cause of action for debts due and payable.
				  All assessments are due and payable to the corn marketing
				  board.
"4
Section 2.
"
No person shall knowingly fail or refuse to comply
				  with any requirement of this Act where obligated to comply by a duly approved
				  corn marketing program. The corn marketing board may institute any action which
				  is necessary to enforce compliance with any provision of this Act, and rule or
				  regulation thereunder or any corn marketing program adopted pursuant to this
				  Act. In addition to any other remedy provided by law, the corn marketing board
				  may petition for injunctive relief without being required to allege or prove
				  the absence of any adequate remedy at
				  law.
"5 Such action shall be brought in the
				  Circuit Court of any county.
"
Before the corn marketing board may institute any
				  proceedings under this Act, the alleged violator shall first be given an
				  opportunity to present his views to the corn marketing board as to why such
				  proceedings should not be
				  instituted.
"5
4Quoted from Section 17 of the
				  Illinois Corn Marketing Act [505 ILCS 40/17 ].
5Quoted from Section 20 of the
				  Illinois Corn Marketing Act [505 ILCS 40/20
				  ].
Agency Note: Section 7 of the "Illinois Corn Marketing Act"
					 [505 ILCS
					 40/7 ] requires any corn marketing program that is
					 approved by Illinois corn producers through referendum to be filed by the
					 Department of Agriculture as provided in Section 5-65 of the "Illinois
					 Administrative Procedure Act" [5 ILCS
					 100/5-65 ]. The filing of the adopted program is
					 exempt from the rulemaking requirements of Sections 5-35 and 5-40 of the
					 Illinois Administrative Procedure Act and the program is exempt from review
					 under Sections 5-100, 5-105, 5-110, 5-120, 5-125 and 5-130 of the Illinois
					 Administrative Procedure Act. On December 29, 1982, a Marketing Program for
					 Illinois Corn and Corn Products was approved through
					 referendum.