(1) Every producer shall file a return with the executive director for each calendar quarter upon forms prescribed and furnished by the executive director. The return must contain the volume of oil and gas produced in the state during the previous calendar quarter, the production fee for wildlife and land remediation and the production fee for clean transit due on the volume of oil and gas produced in the state during the previous calendar quarter, and any other information that the executive director may reasonably require. (2) The producer shall file the return required by subsection (1) of this section with the executive director on or before the last day of the second month following the previous calendar quarter applicable to the return and with the return shall remit the production fees for wildlife and land remediation and the production fees for clean transit due. The producer shall file the return required by subsection (1) of this section electronically and remit the amount of the production fees for wildlife and land remediation and the production fees for clean transit due by electronic funds transfer. (3) The executive director may extend the time for making a return and paying the production fees for wildlife and land remediation and the production fees for clean transit due for good cause shown or under such reasonable rules as the executive director may promulgate. (4) (a) If a person neglects or refuses to make a timely return, to pay or correctly account for any production fees for wildlife and land remediation or production fees for clean transit as required by this article 61, or to keep complete and accurate records pursuant to section 33-61- 107, the executive director shall make an estimate, based upon the information that may be available, of the amount of production fees for wildlife and land remediation or production fees for clean transit due, not accounted for, or incorrectly accounted for on a return for the period for which the producer is delinquent. The executive director shall add to the estimated amount of production fees for wildlife and land remediation or production fees for clean transit due, not accounted for, or incorrectly accounted for interest if applicable under section 39-21-110.5 and a penalty equal to the greater of: (I) Fifteen dollars; or (II) Ten percent of such unpaid, unaccounted, or incorrectly accounted amount, plus one- half percent per month from the date when due, not exceeding eighteen percent in the aggregate. (b) The executive director shall provide the delinquent producer a written notice of deficiency detailing the estimated fees, penalty, and interest in accordance with section 39-21- 103 (1).
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