C.R.S. Section 35-28-113.5
Refunds of assessments

request by producer

(1)

Marketing orders issued after July 1, 1987, as well as amendments to such marketing orders and amendments to marketing orders in existence prior to July 1, 1987, which marketing orders and amendments are issued pursuant to the provisions of this article and which directly affect producers, may contain provisions for refunds of assessments or for refunds of portions of assessments. Any marketing order or amendment which contains such a provision shall not become effective unless and until the commissioner determines that the issuance of such order is approved and favored by at least a simple majority of the producers who participated in a referendum on the question of its approval and who, during such representative period, have produced for market the commodities specified therein in commercial quantities within the production area specified in such marketing agreement or order. Only the assessment or assessment raise or raises approved by a simple majority of the producers as provided in this subsection (1) or that portion of the assessment or assessment raise which is actually levied by the commissioner shall be subject to the provisions of this section.

(2)

A producer may request a refund of assessments or a refund of a portion of assessments within thirty days after payment of such assessments. The commissioner shall promulgate such rules and regulations as are necessary for the implementation of this section.

Source: Section 35-28-113.5 — Refunds of assessments - request by producer, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-35.pdf (accessed Dec. 24, 2024).

35–28–101
Short title 35–28–102
Legislative declaration 35–28–103
Purposes of article 35–28–104
Definitions 35–28–105
Administration of article 35–28–106
Marketing order issued - when 35–28–107
Board of control 35–28–108
Contents of marketing order 35–28–109
When marketing order effective 35–28–110
Orders regulating processing 35–28–111
Termination of marketing order 35–28–112
Notice of marketing order issuance, suspension, amendment, or termination 35–28–113
Budgeting and collection of fees 35–28–113.5
Refunds of assessments - request by producer 35–28–114
Disposition of funds 35–28–115
Limitation of marketing orders 35–28–116
Administration and enforcement 35–28–117
Assessment a personal debt 35–28–118
No personal liability 35–28–119
Records - information - hearings 35–28–120
Deposit to defray expenses 35–28–121
General provisions 35–28–122
Application of article 35–28–123
Other laws superseded

Up to date

Current through Fall 2025

§ 35-28-113.5’s source at colorado.gov

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Location: https://colorado.public.law/statutes/crs_35-28-113.5

Original Source: Section 35-28-113.5 — Refunds of assessments - request by producer, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-35.pdf (last accessed May 10, 2025).