Title 2, Chapter 8, Section 28
( 2-8-28)
(a) Any assessment levied or established in accordance with this
article in such specified amount as may be determined by the
Commissioner or the commission pursuant to this article shall
constitute a personal debt of every person so assessed and shall be
due and payable to the Commissioner when payment is called for by
the Commissioner. In the event of the failure of such person to pay
any such assessment upon the date determined by the Commissioner,
the Commissioner may file an action against such person in a court
of competent jurisdiction for the collection thereof. (b) In the event that any producer or handler duly assessed pursuant
to this article fails to pay to the Commissioner the amount so
assessed on or before the date specified by the Commissioner, the
Commissioner is authorized to add to such unpaid assessment an
amount not exceeding 10 percent of such unpaid assessment to defray
the cost of enforcing the collection of such unpaid assessment. (c) The provisions of subsection (a) of this Code section with
respect to collection of assessments by action are in addition to
and cumulative of the provisions of this article authorizing the
issuance of executions for assessments by the Commissioner. The 10
percent penalty authorized to be assessed upon delinquent
assessments under subsection (b) of this Code section may likewise
be included in any execution issued by the Commissioner. Such
remedies may be pursued concurrently until satisfaction is obtained
upon either. Any penalty recovered shall become a part of the
principal assessment levied and shall be for the use of the
commission entitled thereto as are other moneys received under this
article. |