69-7-271 - Civil penalties.
§ 69-7-271. Civil penalties.
Any dealer or handler who fails to file a report or to pay any assessment within the time required by the board shall forfeit to the commissioner a penalty of five percent (5%) of the assessment determined to be due, plus one percent (1%) of such amount for each month of delay or fraction thereof after the first month after such report was required to be filed or such assessment became due. The commissioner, if satisfied that the delay was excusable, may remit all or any part of such penalty. The penalty shall be paid to the commissioner and shall be disposed of by him in the same manner as funds derived from the payment of the assessment imposed herein.
The commissioner shall collect the penalties levied herein, together with the delinquent assessment, by any or all of the following methods:
(a) By voluntary payment by the person liable;
(b) By legal proceedings instituted in a court of competent jurisdiction;
(c) By injunctive relief to enjoin any dealer or handler or other person owing such assessment and/or penalties from operating his business or engaging in business as a dealer or handler of eggs until the delinquent assessment and/or penalties are paid.
Sources: Laws, 1973, ch. 427, § 11; Laws, 1976, ch. 374, § 11; Laws, 1979, ch. 346, § 11; Laws, 1981, ch. 308, § 11; reenacted, 1983, ch. 314, § 11; reenacted, 1987, ch. 506, § 11; reenacted, 1991, ch. 331, § 11; reenacted without change, Laws, 1996, ch. 475, § 11, eff from and after July 1, 1996.