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Subject 42-1-5 ASSESSMENTS

Rule 42-1-5-.01 Responsibilities of Distributors

(1) Each distributor, as the owner of propane at the time of odorization or at the time of import of odorized propane, must make the assessment based on the volume of odorized propane sold in the state and placed in commerce in the state.
(2) Each distributor must collect the assessment from the dealer to whom the sale is made and must remit to the Commission the sum of the amount of the assessment multiplied by the number of gallons of propane sold to any dealer during the assessment period.
(3) Assessments must be remitted to the Commission quarterly no later than the 25th day of the month following the end of the prior quarter.
(4) A distributor must keep records of the number of gallons of propane sold to dealers. All documents or records regarding purchases and sales must be made available to the Commission upon its request for the purpose of determining the distributor's compliance with the provisions of the Act and these Rules. The Commission will keep the records confidential and will not disclose the records except to its accountants, attorneys, or financial advisors without a court order directing it to do so.

Rule 42-1-5-.02 Payment and Collection of Assessments

(1) Any assessment established in accordance with the Act and these Rules will constitute a personal debt of every person so assessed and will be due and payable to the Commission when payment is called for by the Commission. If the person fails to pay the assessment, then the Commission may file an action against the person in a court of competent jurisdiction for collection of the assessment.
(2) If a person duly assessed fails to pay to the Commission the amount assessed, then the Commission may add to the unpaid assessment an amount not exceeding 10 percent of the unpaid assessment to defray the cost of enforcing the collection of the unpaid assessment.
(3) These provisions will be cumulative, and any other remedies may be pursued concurrently until satisfaction is obtained.
(4) Any penalty recovered will become a part of the principal assessment levied and will be for the use of the Commission.