§ 106-567. Rights of farmers dissatisfied with assessments; time for demanding refund.
§ 106‑567. Rightsof farmers dissatisfied with assessments; time for demanding refund.
In the event such referendum is carried in the affirmative and theassessment is levied and collected as provided herein and under the regulationsto be promulgated by the duly certified agency conducting the same, any farmeror producer upon and against whom such assessments shall have been levied andcollected under the provisions of this Article, if dissatisfied with saidassessment and the result thereof, shall have the right to demand of andreceive from the treasurer of said agency a refund of such assessment socollected from such farmer or producer, provided such demand for refund is madein writing within 30 days from the date on which said assessment is collectedor due to be collected, whichever is earlier from such farmer or producer underthe rules and regulations of the duly certified commission, council, board orother agency. Provided, however, that as to growers or producers of potatoes,apples or peaches the right of refund of assessments as provided herein shallbe contingent upon such growers or producers having paid said assessment on orbefore the end of the assessment year in which the assessment was levied. Theassessment year shall be determined by the duly certified commission, council,board or agency representing the respective commodity: Provided further, thatany farmer or producer of potatoes, apples or peaches who fails to make anyprotest against the assessment and levy in writing, addressed to the dulycertified commission, council, board or agency representing the commodityconcerned, within 30 days from the date such assessment shall become due andpayable, then, and in such event, suit may be brought by the duly certifiedcommission, council, board or agency concerned in a court of competentjurisdiction to enforce the collection of the assessment. Provided further thaton and after July 1, 1972, as to growers or producers of apples there shall beno right of refund of assessments levied pursuant to the referendum providedfor by Article 50, Chapter 106 of the General Statutes of North Carolina. (1947, c. 1018, s. 18; 1959, c. 311; 1969, c. 605, ss.1, 2; 1975, c. 708, ss. 3, 4.)