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32.24.515    PAYMENTS TO POOL DAIRYMEN AND ADJUSTMENT OF ACCOUNTS

(1) Each pool dairyman must be paid twice each month by the appropriate pool handler(s) for the pool milk received or marketed from such pool dairyman during the month as follows:

(a) A partial or advance payment approximately equal to the value of the pool milk marketed during the first two weeks of the month, less one-half of the approximate monthly deductions herein sanctioned, must be paid to the pool dairyman, or his authorized agent, not later than 30 days after the first day of each month. Such payment need not be accompanied by an itemized statement.

(b) Payments must be made to each pool dairyman, or his authorized agent, not later than 15 days after the end of the month for the pool milk of such pool dairyman for such month. This payment must be at the appropriate quota and/or excess price as adjusted for butterfat content (the rate of such adjustment to be based on the weighted average value of butterfat in the different classes of utilization) , and subject to deductions for partial payments under (1) (a) hereof, administrative assessments, hauling and other deductions authorized under ARM 32.23.102(3) , and it must be accompanied by a statement to each pool dairyman setting forth the information required in ARM 32.23.102(10) .

(c) As soon as possible after each monthly computation of quota and excess prices is completed, the administrator must audit the books and records of each pool handler, and determine whether there have been proper accounting for and payment of the amount owed the administrator and/or individual pool dairyman, or cooperative associations from whom the pool handler has received pool milk. If errors are found in the accounting or payments of the pool handler, the administrator must notify him thereof promptly, and if there were underpayments by the pool handler, the additional amounts due must be paid within 10 days after notice thereof is given. Money paid to adjust for underpayments to the administrator must be deposited into the pool settlement reserve. In the case of overpayments by a pool handler to the administrator, the administrator must promptly remit the amount due to such pool handler.

History: 81-23-302, MCA; IMP, 81-23-302, MCA; NEW, 1990 MAR p. 931, Eff. 6/1/90; AMD, 1995 MAR p. 470, Eff. 3/31/95; TRANS, from Commerce, 1996 MAR p. 456.

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