(1) Unless otherwise specified in this article, there shall be no refunds of assessments.
Any sheep producer or lamb feeder who has paid an assessment as required by section 35-57.5-116 shall be entitled to a prompt refund of seventy-five percent of such assessment from the board. Claim for refund shall be made to the board within thirty days after the date of payment of the assessment or thirty days after the due date of the assessment, whichever is later, on a form furnished by the board.
Notwithstanding any other laws to the contrary and to carry out the intent of thissection to insure prompt refund, the board, except as provided by subsection (4) of this section, is authorized to expeditiously process claims for refund. The refund shall be based on the signed statement of the refund claim and any other information that is attached thereto unless other information or verification is required by subsection (4) of this section.
The board, before processing and making a refund, may require any additional information or verification it deems necessary to determine the validity of the claim for refund. All persons who forward claims for refund shall keep pertinent records for a period of at least three years, which shall be available for audit by the board. The board may file an action to recover from any person a refund of assessment illegally obtained.
The claim for refund shall be signed by the person who paid the assessment. Anyperson who files a fraudulent or false claim for refund, or who, by any false pretenses, obtains or attempts to obtain a refund not legally due him, or who signs a refund claim in the name of and for another person commits theft, as defined in section 18-4-401, C.R.S., and shall be punished accordingly.
Source: L. 93: Entire article amended with relocations, p. 1845, § 1, effective July 1. L. 97: (2) amended, p. 180, § 6, effective March 31.
Editor's note: This section is similar to former § 35-57.5-115 as it existed prior to 1993.