Iowa Admin. Code r. 21-92.5
Current through Register Vol. 47, No. 11, December 11, 2024
Rule 21-92.5 - Penalty for delinquent submission of per-bushel and participation fees(1)Delinquent payments defined. In regard to the submission of the quarterly report, per-bushel fee and the participation fee installment payment, the licensee is deemed to be delinquent if any of the following apply: a. The quarterly report and payment of the per-bushel fee due are not received on or before the due date.b. The quarterly report and partial payment of the per-bushel fee due are received on or before the due date, but the underpayment exceeds the margin of error, which for this rule is the greater of $10 or 10 percent of the per-bushel fee due as determined by the warehouse bureau.c. The quarterly report and partial payment of the per-bushel fee due are received on or before the due date, and the underpayment is within the margin of error provided, but the amount of the underpayment has not been received on or before the tenth day after the licensee is notified of the underpayment.d. The participation fee installment payment is not received on or before the due date.(2)Penalty amount. The amount of penalty for a delinquent submission is the lesser of the amount of the deficiency or $ 10 per day for each day after the due date for the quarter in question, through the earlier of the date the underpayment is received or the date the licensee's license has expired or has been revoked or canceled. However, a delinquent payment is subject to a minimum penalty amount of $10.(3)Penalty when no assessment is due. If the licensee is delinquent because the quarterly report is not received until after the due date, but no per-bushel fee was due for that quarter, there is a one-day penalty of $10.(4)License suspension and revocation for failure to pay. If the delinquency is not cured within 30 days after the due date, the grain dealer's or warehouse operator's license shall be suspended. If the delinquency is not cured within 30 days after suspension, the license shall be revoked.(5)Overpayments. If, upon review of the quarterly report, the grain warehouse bureau determines that there has been an overpayment of $1 or more, the bureau shall issue a credit to the licensee which may be applied against the amount of assessment due in succeeding quarters. Overpayments of less than $1 are negated. This rule is intended to implement Iowa Code sections 203D.3 and 203D.3A.
Iowa Admin. Code r. 21-92.5
ARC 9388B, lAB 2/23/11, effective 3/30/11