La. Admin. Code tit. 7 § XXXI-517

Current through Register Vol. 50, No. 11, November 20, 2024

Section XXXI-517 - Certification of Non-Pooled Milk

A. LDAF may certify non-pooled milk for inclusion in determining the amount of tax credit due to a certified milk producer if a non-pooled milk form or list is submitted by the certified milk producer or on his behalf by a milk handler not later than January 31 of the year immediately following the year for which the credit is applied for.

B. The milk producer or milk handler shall provide LDAF with documentation sufficient to show that the non-pooled milk was commercially produced in Louisiana and the reason why the milk is non-pooled milk.

C. LDAF may investigate the circumstances and require the milk producer or milk handler to provide additional information in determining whether the non-pooled milk is to be used for determining the milk producer's tax credit.

D. If LDAF determines that the non-pooled milk is to be used for determining the certified milk producer's tax credit then LDAF shall notify the milk producer of that determination and provide the information to the person or entity making the tax credit calculations.

E. If LDAF determines that the non-pooled milk is not to be used for determining the milk producer's tax credit then LDAF shall notify the milk producer of that determination on or before February 28 of the year immediately following the year for which the credit is applied for.

F. Any milk producer who is aggrieved by a decision of LDAF regarding the eligibility of non-pooled milk may petition the commissioner for an administrative hearing to determine the validity of the decision by LDAF.

1. Any such petition must be filed within 30 days after the milk producer receives notice from LDAF of the decision the milk producer is appealing.

2. The administrative hearing shall be held within 30 days after receipt of the milk producer's petition. The administrative hearing shall be conducted in accordance with the provisions of the Administrative Procedure Act.

3. The commissioner may conduct the hearing or appoint a hearing officer to conduct the hearing and make a recommendation to the commissioner. In all cases the commissioner shall make the final administrative decision.

4. Any petition for judicial review of the commissioner's decision shall be filed in accordance with the Administrative Procedure Act and within the time limits set out in the APA.

La. Admin. Code tit. 7, § XXXI-517

Promulgated by the Department of Agriculture and Forestry, Office of the Commissioner LR 34:1600 (August 2008).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:2(A) and R.S. 47:6032(B).