[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1280.216]

[Page 294-295]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XI--AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS AND 
      ORDERS; MISCELLANEOUS COMMODITIES), DEPARTMENT OF AGRICULTURE
 
PART 1280--Lamb Promotion, Research, and Information Order--Table of Contents
 
       Subpart A--Lamb Promotion, Research, and Information Order
 
Sec. 1280.216  Procedure for obtaining a refund.

    Each producer, seedstock producer, feeder, first handler, or 
exporter who pays an assessment pursuant to the Act and this subpart 
during the period beginning on the effective date of the Order and 
ending on the date the required referendum results are announced may 
obtain a refund of such assessment only by following the procedures 
prescribed in this section and any regulations recommended by the Board 
and prescribed by the Secretary.
    (a) Application form. A producer, seedstock producer feeder, first 
handler, or exporter shall obtain a Board-approved refund application 
form from the Board. Such form may be obtained by written request to the 
Board and

[[Page 295]]

the request shall bear the producer's, seedstock producer's, feeder's, 
first handler's, or exporter's signature or properly witnessed mark.
    (b) Submission of refund application to Board. Any producer, 
seedstock producer, feeder, first handler, or exporter requesting a 
refund shall submit an application on the prescribed form to the Board 
within 60 days from the date the assessments were paid by such producer, 
seedstock producer, feeder, first handler, or exporter but no later than 
the date the results of the required referendum are announced by the 
Secretary. The refund application shall show:
    (1) The producer's, seedstock producer's, feeder's, first handler's, 
or exporter's name and address;
    (2) Name and address of the person who collected applicant's 
assessment;
    (3) Number of head of lambs, weight of lambs, or its equivalent, on 
which a refund is requested;
    (4) Total amount of refund requested;
    (5) Date or inclusive dates on which assessments were paid;
    (6) Certification that the producer, seedstock producer, feeder, 
first handler, or exporter did not collect the assessment from another 
producer, seedstock producer, feeder, first handler; or exporter or 
documentation of assessments collected from others; and
    (7) The producer's, seedstock producer's, feeder's, first handler's, 
or exporter's signature or properly witnessed mark.
    (c) Proof of payment of assessments. The documentation provided 
pursuant to Sec. 1280.225(b) to the producer, seedstock producer, 
feeder, first handler, or exporter by the person responsible for 
collecting an assessment pursuant to this subpart, or a copy thereof, or 
such other evidence deemed satisfactory to the Board, shall accompany 
the producer's, seedstock producer's, feeder's, first handler's, or 
exporter's refund application.
    (d) Payment of refunds. The Board shall initiate payment of refund 
requests, or pay a pro rata share thereof, within 90 days of the date 
the results of the required referendum are released by the Secretary. 
Refunds shall be paid in a manner consistent with Sec. 1280.214.

                               Assessments