(a) Any unpaid assessments due to the Council pursuant
to §23.105 of this subchapter (relating to Collection of Assessments)
shall be increased 2.0 percent each month beginning with the day following
the date such assessments were due. Any remaining amount due, which
shall include any unpaid charges previously made pursuant to this
section, shall be increased at the same rate on the corresponding
day of each month thereafter until paid. For the purposes of this
section, any assessment that was determined at a date later than prescribed
by this subchapter because of a person's failure to submit a report
to the Council when due shall be considered to have been payable by
the date it would have been due if the report had been filed when
due.
(b) Upon failure to remit assessments, the Council
may use data to determine a fair assessment in order to provide a
basis for penalty as found in subsection (a) of this section. Data
used by the Council to determine a fair assessment may include, but
is not limited to, historical sales trends, market reports, or information
provided by other governmental agencies.
(c) Violations of this subchapter may be referred to
the Department for assessment of administrative penalties, civil or
criminal penalties, or the suspension or revocation of a Department
issued license in accordance with Chapter 41 of the Agriculture Code.
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