ARSD § 64:21:01:01 — Assignment of right to receive refund claim for credit card sales of fuel made to the federal government

64:21:01:01. Assignment of right to receive refund claim for
credit card sales of fuel made to the federal government. A licensed
marketer may assign its right to receive a refund claim authorized by SDCL 10-47B-124 to a supplier licensed and engaged in business as stated in SDCL 10-47B-3(40) for credit card sales of fuel made to the federal government if the following conditions are met:
(1) The supplier shall be
assigned the right to receive the credit by entering into a written agreement
with each licensed marketer location from which the fuel is sold. For the
assignment to be valid, its form and language must meet with the department's
approval. The supplier shall file a copy of each signed agreement with the
department;
(2) The supplier shall obtain
a separate marketer license for claiming credit card transactions. This
marketer license may only be used for claiming credit card transactions;
(3) The supplier shall
maintain records substantiating the refund claims and make the records
available to the department upon request. The records must verify the date of
sale, name and address of purchaser, product type, and the name, address, and
license number of the marketer that made the sale. The records must also verify
in some manner that the credit card purchases were paid for with government
funds;
(4) The refund claims must
be filed with the department with 90 days of the date of the fuel sale; and
(5) The marketer may not
claim refunds for government credit card transactions after an assignment
agreement with a supplier is signed.
The department must be notified in
writing ten days before cancellation of any agreement between a supplier and
marketer. The notice of cancellation must identify the agreement that is being
canceled, the parties involved, and the effective date of cancellation.
If any of the above stated conditions
are not met, the department shall deny the refund.