Michigan Laws 285.323 – Administrative premium or producer premium; refund
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Michigan Laws 285.323
- Administrative premium: means the amount of money charged to and collected from a producer under section 10. See Michigan Laws 285.313
- Board: means the board of directors of the authority described in section 7. See Michigan Laws 285.313
- Farm produce: means that term as defined in section 2 of the grain dealers act, MCL 285. See Michigan Laws 285.313
- Fund: means the farm produce insurance fund created in section 9. See Michigan Laws 285.313
- Licensee: means that term as defined in section 2 of the grain dealers act, MCL 285. See Michigan Laws 285.313
- Producer: means a person that owns, rents, leases, or operates a farm on land and who has an interest in and receives all or any part of the proceeds from the sale and delivery in Michigan of farm produce produced from the land to a grain dealer licensed under the grain dealers act. See Michigan Laws 285.313
- Producer premium: means the amount of money charged to and collected from a producer under section 11. See Michigan Laws 285.313
- program: means the program for reimbursement of claims described in this act. See Michigan Laws 285.313
- Valid claim: means a claim arising from a failure of a licensee that occurs after the effective date of this act, is found valid by the department, and is approved by the board, less all credits and offsets associated with farm produce delivered and sold in this state by a producer to the licensee or to a location in this state designated in advance of the delivery. See Michigan Laws 285.313
(1) Subject to subsection (7), a producer that has paid, either directly or collected by a licensee, an administrative premium or producer premium may receive a refund of that administrative premium or producer premium from the fund by submitting a written demand for refund to the board, delivered personally or by first-class mail within 12 months after the producer paid the administrative premium or producer premium, or within a longer period granted by the board if it determines that good cause for an extension exists.
(2) A producer shall submit a demand for refund of an administrative premium or producer premium under subsection (1) on a demand for refund form developed by the board. The board shall make the form available to a licensee, producer, or member of the public upon request.
(3) If a producer is entitled to a refund of an administrative premium or producer premium under this section, the board shall pay the refund within 60 days of its receipt of the demand for refund.
(4) If administrative premiums or producer premiums were assessed in the immediately preceding calendar year, the board shall by January 31 send a notice to each producer who requested a refund of an administrative premium or producer premium in any previous calendar year. The notice must inform the producer of the deadline for and method of submitting a demand for refund to the board under subsections (1) and (2) and the method for reentering the program under subsection (5).
(5) A producer that receives a refund of an administrative premium or producer premium under subsection (1) is not entitled to participation in the program or to receive any payment under this act unless it reenters the farm produce insurance program by meeting all of the following conditions:
(a) The producer submits a request for reentry into the farm produce insurance program to the board. The producer shall submit the request in the form required by the board and shall deliver the request to the board by hand or by certified mail, return receipt requested.
(b) The board reviews the producer’s request for reentry and approves the request.
(c) The producer pays into the fund all previous administrative premiums and producer premiums refunded to the producer, and interest on the refunds as determined by the board.
(6) A producer that reenters the farm produce insurance program under subsection (5) is eligible for reimbursement of claims under the program for any failure that occurs at least 90 days after reentry.
(7) A producer is not eligible for a refund of an administrative premium or producer premium under this section if the producer has received reimbursement from the fund for a valid claim within the preceding 36 months.