(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) 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, requesting them to bring their account current within ten days from the date of the letter. At forty-five days from the billing date, a second notice of delinquency shall be sent to the dealer with a copy to the regional inspection office of the department of agriculture. The notice shall state that if the delinquent assessments are not paid within sixty days from the billing date, the department of agriculture will notify the dealer or handler involved that the department of agriculture will deny service if the account is not paid in full within the next thirty days. The notice shall also advise that if the delinquent assessments are not paid within ninety days from the billing date, the inspection service may be withdrawn.
Once withdrawn, inspection service will be reinstated only upon mutual agreement of the department of agriculture and the commission and after all delinquent assessments have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.
(3) If assessments are not paid within forty-five days of the billing date, the commission reserves the right to charge interest at the maximum legal rate, not to exceed one and one-half percent 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: RCW
15.24.070,
15.24.090,
42.56.040 and chapter
34.05 RCW. WSR 19-24-098, § 24-12-012, filed 12/4/19, effective 1/4/20. 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.]