§4012. Assessments — Inbound Citations
16 U.S.C. § 4012
Cited by 10 provisions in release 119-102.
Citations to 16 U.S.C. § 4012 as a whole
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(b) An application for a charter for a council shall be made by filing with the Secretary the text of a proposed charter in such form as shall be prescribed by regulation by the Secretary. The text of a proposed charter must contain such information as the Secretary considers necessary or appropriate for carrying out the provisions of this chapter, including—(1) the name of the council and a provision proclaiming its establishment;(2) a declaration of the purposes and objectives of the council;(3) a description of the species of fish and fish products for which the council will implement marketing and promotion plans under section 4010 of this title;(4) the identification of each sector and the number and terms of representatives of each sector that will be represented as voting members of the council;(5) the identification of those sectors (including the sector consisting of harvesters, the sector consisting of receivers, and, if subject to assessment, the sector consisting of importers) subject to a referendum to establish a council under subsection (e) of this section;(6) a specification for each sector described under paragraph (5) of this subsection of the minimum requirements, as measured by income, volume, or other relevant factors, that a person engaging in business in the sector must meet in order to participate in a referendum;(A) a description of the procedures for determining assessment rates under section 4012 of this title;(B) the proposed rate or rates that will be imposed by the council on receivers and, if subject to assessment, importers during its first year of operation;(C) the maximum amount an assessment rate for any period may be raised above the rate applicable for the immediately preceding period; and(D) the maximum rate or rates that can be imposed by a council on receivers or importers during the operation of the council;(8) a provision setting forth the definition of a quorum for making decisions on council business and the procedures for selecting a chairman of the council;(9) a provision setting forth the voting procedures by which votes may be cast by proxy; and(10) such other provisions relating to administration of the council as the Secretary considers necessary.The text of a proposed charter shall be accompanied by a document identifying, to the extent practicable by address of place of business, the persons (hereinafter referred to as “sector participants”) that are considered by the applicants to meet the requirements specified in paragraph (6) of this subsection. The text of a proposed charter shall include provisions setting forth procedures for providing refunds to those sector participants subject to assessment under section 4012 of this title, and may also include provisions which establish a maximum limit on the amount that any one sector participant may be required to pay under an assessment for any period.
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(A) a description of the procedures for determining assessment rates under section 4012 of this title;
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(E) determine the assessments to be made under section 4012 of this title and administer the collection of such assessments to finance council expenses described in paragraph (2) of this subsection;
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(F) receive, investigate and report to the Secretary accounts of violations of rules or orders relating to assessments collected under section 4012 of this title, or quality standard requirements established under subsection (c) of this section;
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(2) Funds collected by a council under section 4012 of this title shall be used by the council for—(A) research, consumer education, and other marketing and promotion activities regarding the quality and marketing of fish and fish products;(B) other expenses, as described in subsection (a)(1)(G) of this section;(C) such other expenses for the administration, maintenance, and functioning of the council as may be authorized by the Secretary;(D) any reserve fund established under subsection (b)(5) of this section and any administrative expenses incurred by the Secretary specified as reimbursable under this chapter.
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(5) establish a reserve fund from monies collected and received under section 4012 of this title to permit an effective and sustained program of research, consumer education, and other marketing and promotion activities regarding the quality and marketing of fish and fish products in years when production and assessment income may be reduced, but the total reserve fund may not exceed the amount budgeted for the current fiscal year of operation.
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(a) Any person subject to assessment under section 4012 of this title may file a written petition with the Secretary alleging that—(1) the assessment,(2) the plan approved under section 4011(a)(1) of this title on which the assessment is based, or(3) any obligation imposed under the plan,
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(b) If a council is terminated under subsection (a) of this section, the Secretary, after recovering all expenses incurred for the conduct of the referendum under subsection (a) of this section, shall take such action as is necessary and practicable to ensure that moneys remaining in the account established by the council under section 4012(e) of this title are paid on a prorated basis to the sector participants from whom those moneys were collected under section 4012 of this title.
Citations to §4012(e)
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(B) If a referendum conducted under this subsection results in the termination of the council, the Secretary shall recover the expenses incurred for the conduct of the referendum from the account established by the council under section 4012(e) of this title. If the amount remaining in such account is insufficient for the Secretary to recover all expenses incurred for the conduct of the referendum, the Secretary shall recover the balance of such expenses from the petitioners that posted a bond under paragraph (5) of this subsection.
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(b) If a council is terminated under subsection (a) of this section, the Secretary, after recovering all expenses incurred for the conduct of the referendum under subsection (a) of this section, shall take such action as is necessary and practicable to ensure that moneys remaining in the account established by the council under section 4012(e) of this title are paid on a prorated basis to the sector participants from whom those moneys were collected under section 4012 of this title.