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TITLE 4AGRICULTURE
PART 1TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 14PERISHABLE COMMODITIES HANDLING AND MARKETING PROGRAM
SUBCHAPTER BPRODUCE RECOVERY FUND CLAIMS
RULE §14.13Payment of Claims from the Fund

(a) The following payments of claims shall apply for a claim based on a violation occurring prior to September 1, 2009.

  (1) Claims of $2000 or less may be paid in full.

  (2) Claims of more than $2000 may be paid in the following manner:

    (A) If the claim was filed on or after September 1, 1999, but prior to September 1, 2009, the first $2000 plus no more than 70% of the amount in excess of $2,000, may be paid.

    (B) If the claim was filed prior to September 1, 1999, the first $1,000 plus no more than 60% of the amount in excess of $1000, may be paid.

  (3) Claims arising from Same Contract. Total payment for claims arising from the same contract shall not exceed $35,000.

  (4) Claims Against a Single Licensee. Total payment for claims against a single licensee shall not exceed $85,000 in any one calendar year. Claims shall be paid in the order that a final determination is made by the department or the Board. In cases when a claim cannot be paid in full due to the restrictions of this paragraph, the claimant shall be given the option of accepting immediate payment of a lesser amount or accepting full payment from the Fund during the next calendar year.

(b) The following payments of claims shall apply for a claim based on a violation occurring on or after September 1, 2009.

  (1) Claims of $50,000 or less may be paid in full.

  (2) Claims Arising from Same Contract. Total payment for claims arising from the same contract shall not exceed $50,000.

  (3) Claims Against a Single Licensee or a person required to be licensed. Total payment for claims against a single licensee or a person required to be licensed shall not exceed $85,000 in any one calendar year.

  (4) Claims against a person who is not licensed. Payment for claims against a person who is not licensed at the time the claim was filed shall not exceed 80% of the total claim.

  (5) Claims shall be paid in accordance with the order that a final determination is made by the department or the Board. In cases when a claim cannot be paid in full due to the restrictions of this subsection, the claimant shall be given the option of accepting immediate payment of a lesser amount or accepting full payment from the Fund during the next calendar year.


Source Note: The provisions of this §14.13 adopted to be effective August 13, 1997, 22 TexReg 7223; amended to be effective December 13, 1999, 24 TexReg 11101; amended to be effective September 1, 2009, 34 TexReg 5668

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