Section 24-12-012. Collection of accounts.

(1) The commission shall obtain from the department of agriculture a record of all shipments of fresh apples, including fresh apples designated for slices, and shall from this record periodically invoice all apple dealers and handlers shown thereon for assessments on apples levied pursuant to WAC 24-12-010. The date of the invoice shall be known as the billing date.

(2) For fresh apples designated for slices:

(a) The department of agriculture does not require a certificate of compliance for fresh apples designated for slicing that are moved and produced internally by a shipper.

(b) All shippers (first handlers) with internal fresh apple slicing operations will be required to remit and report quarterly the net weight in pounds of all fresh apples packed or unpacked designated for slicing. The reporting period dates and forms will be determined and created by the commission.

(c) All payments and reports are due thirty-five days from the end of the reporting period established by the commission.

(3) If the assessments are not paid within thirty-five days from the billing date, a notice of delinquency shall be sent to the dealer or handler involved, with a copy to the district inspection office of the department of agriculture. The notice shall state that if the delinquent assessments are not paid within forty-five days from the billing date, the dealer or handler involved will thereafter be put on a cash basis until the delinquent assessments are paid, and that the Compliance Certificate Book will be removed by the department of agriculture. The notice shall also advise that if the delinquent assessments are not paid within sixty days from the billing date, the inspection service may be withdrawn.

If at any time an account thereafter is again unpaid in the same crop year shipping season for more than thirty-five days from the billing date, the commission may place the dealer or handler on a cash basis for the remainder of the crop year shipping season, or such shorter period as the commission may at its option specify, and the Compliance Certificate Book may be removed by the department of agriculture. If the subsequent delinquency shall continue more than sixty days from the billing date, inspection service may be withdrawn.

Once withdrawn, inspection service will be reinstated only upon mutual agreement of the department of agriculture and the commission and after all delinquent assessments have been paid.

(4) Delinquent assessments not paid within thirty-five days of the billing date shall bear interest at the maximum legal rate, not to exceed 1-1/2% per month, and in case of suit to collect the delinquent assessments, the prevailing party shall, in addition to any other relief granted, be allowed an attorneys fee in such amount as the court in its discretion deems reasonable, together with costs of suit.

[Statutory Authority: Chapters 15.24 and 34.05 RCW. WSR 09-19-074, § 24-12-012, filed 9/16/09, effective 10/17/09. Statutory Authority: RCW 15.24.070(1). WSR 86-01-082 (Order 17), § 24-12-012, filed 12/18/85; WSR 84-20-002 (Order 16), § 24-12-012, filed 9/20/84.]

Chapters 15.24 and 34.05 RCW. WSR 09-19-074, § 24-12-012, filed 9/16/09, effective 10/17/09. Statutory Authority: RCW 15.24.070(1). WSR 86-01-082 (Order 17), § 24-12-012, filed 12/18/85; WSR 84-20-002 (Order 16), § 24-12-012, filed 9/20/84.

Rules

24-12-010,