Page:United States Statutes at Large Volume 104 Part 5.djvu/528

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104 STAT. 3850 PUBLIC LAW 101-624—NOV. 28, 1990 (A) establish an escrow account to be used for assessment refunds; and (B) place funds in such account in accordance with paragraph (2). (2) PLACEMENT OF FUNDS IN ACCOUNT. —The Board shall place in such account, from assessments collected during the period referred to in paragraph (1), an amount equal to the product obtained by multiplying the total amount of assessments collected during such period by 10 percent. (3) RIGHT TO RECEIVE REFUND.— Subject to paragraphs (4), (5), and (6), any grower, grower-sheller, or importer shall have the right to demand and receive from the Board a one-time refund of assessments paid by or on behalf of such grower, growersheller, or importer during the period referred to in paragraph (Dif- (A) such grower, grower-sheller, or importer is required to pay such assessments; (B) such grower, grower-sheller, or importer does not support the program established under this subtitle; (C) such grower, grower-sheller, or importer demands such refund prior to the conduct of the referendum under section 1916(a); and (D) the plan is not approved pursuant to the referendum conducted under section 1916(a). (4) FORM OF DEMAND.—Such demand shall be made in accordance with regulations, on a form, and within a time period prescribed by the Board. (5) MAKING OF REFUND.—Such refund shall be made on submission of proof satisfactory to the Board that such grower, grower-sheller, or importer paid the assessment for which refund is demanded. (6) PRORATION. — If— (A) the amount in the escrow account required by paragraph (1) is not sufficient to refund the total amount of assessments demanded by eligible growers, grower-shellers, or importers; and (B) the plan is not approved pursuant to the referendum conducted under section 1916(a); the Board shall prorate the amount of such refunds among all eligible growers, grower-shellers, and importers who demand such refund. (7) PROGRAM APPROVED. —I f the plan is approved pursuant to the referendum conducted under section 1916(a), all funds in the escrow account shall be returned to the Board for use by the Board in accordance with this subtitle. 7 USC 6008. SEC. 1913. PETITION AND REVIEW. (a) PETITION.— (1) IN GENERAL. — A person subject to a plan issued under this subtitle may file with the Secretary a petition— (A) stating that the plan, any provision of the plan, or any obligation imposed in connection with the plan is not in accordance with law; and (B) requesting a modification of the plan or. an exemption from the plan.