Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-585 - Puget Sound salmon commission › Section 16-585-040 - Assessments and collections

Current through Register Vol. 24-14, July 15, 2024
(1) The
				assessment on the affected commodity harvested in the production area shall be
				as follows: Two percent of the landed value of Puget Sound gillnet salmon shall
				be assessed to the producer.
(2)
				For the purpose of collecting assessments, the board may require the person
				subject to the assessment or the person responsible for collection of producer
				assessments to give adequate assurance or security for its collection or
				payment.
(3) All persons subject to
				the provisions of this marketing order shall make and render reports and
				furnish information to the director or the board as required under the act or
				this marketing order. Any financial and commercial information and records
				obtained by the director or commission are exempt from public disclosure under
				the provisions of
				RCW
				15.65.203 and 42.17.31907, but shall not be
				disclosed to any other person save to a person with like right to obtain the
				same or any attorney employed by the director or the commission to give legal
				advice thereon or by court order.
(4) For the purpose of assuring and verifying
				compliance with the recordkeeping and reporting requirements of this order and
				the act, the director and the board through its duly authorized employees,
				shall have access to and the authority to audit and examine such reports or
				information.
(5) Any moneys
				collected or received by the board pursuant to the provisions of this marketing
				order during or with respect to any year, may be refunded on a pro rata basis
				at the close of each year or at the close of a period as the board determines
				to be reasonably adapted to effectuate the declared policies of the act and the
				purposes of this marketing order, to all persons from whom such moneys were
				collected or received or may be carried over into and used with respect to the
				next succeeding year.
(6) Any due
				and payable assessment herein levied in a specified amount as provided under
				the act and this marketing order and any assessment which is required hereunder
				to be collected, shall constitute a personal debt of every person so assessed,
				responsible for collection, or who otherwise owes the same, and the same shall
				be due and payable to the board when payment is called for by it. In the event
				any person fails to pay the board the full amount of assessment or other sum on
				or before the date due, the board may, and is hereby authorized to, add to the
				unpaid assessment or sum an amount not exceeding ten percent of the same to
				defray the cost of enforcing the collecting of the unpaid assessment. In the
				event of failure of a person or persons to pay any due and payable assessment
				or other sum, the board may bring a civil action against a person or persons in
				a state court of competent jurisdiction for the collection thereof, together
				with the above specified ten percent plus the costs and expenses of suit and a
				reasonable attorney's fee therein, and the action shall be tried and judgment
				rendered as in any other cause of action for debt due and payable.
(7) Assessments may, with the consent of the
				affected producer, be collected prospectively.
Statutory Authority:
					 RCW
					 15.65.047 and
					 chapter
					 34.05 RCW. 05-13-008,
					 § 16-585-040, filed 6/3/05, effective 7/4/05. Statutory Authority:
					 RCW
					 15.65.050 and
					 chapter
					 16.65 WAC [15.65 RCW].
					 95-15-102, § 16-585-040, filed 7/19/95, effective
					 8/19/95.