Revised Code of Washington
Chapter 15.65 - Washington State Agricultural Commodity Boards.
15.65.047 - Director's duties and responsibilities—Amendments to marketing orders or agreements without a referendum—Rules.

RCW 15.65.047
Director's duties and responsibilities—Amendments to marketing orders or agreements without a referendum—Rules.

(1) The director may adopt rules necessary to carry out the director's duties and responsibilities under this chapter including:
(a) The issuance, amendment, or termination of marketing orders or agreements;
(b) Procedural, technical, or administrative rules which may address and include, but are not limited to:
(i) The submission of a petition to issue, amend, or terminate a marketing order or agreement under this chapter;
(ii) Nominations conducted under this chapter;
(iii) Elections of board members or referenda conducted under this chapter;
(iv) Actions of the director upon a petition to issue, amend, or terminate a marketing order or agreement;
(c) Rules that provide for a method to fund:
(i) The costs of staff support for all commodity boards and commissions in accordance with RCW 43.23.033 if the position is not directly funded by the legislature; and
(ii) The actual costs related to the specific activity undertaken on behalf of an individual commodity board or commission.
(2) The director may adopt amendments to marketing agreements or orders without conducting a referendum if the amendments are adopted under the following criteria:
(a) The proposed amendments relate only to internal administration of a marketing order or agreement and are not subject to violation by a person;
(b) The proposed amendments adopt or incorporate by reference without material change federal statutes or regulations, Washington state statutes, or rules of other Washington state agencies, if the material adopted or incorporated regulates the same activities as are authorized under the marketing order or agreement;
(c) The proposed amendments only correct typographical errors, make address or name changes, or clarify language of a rule without changing the marketing order or agreement; and
(d) The content of the proposed amendments is explicitly and specifically dictated by statute.
A marketing order or agreement shall not be amended without a referendum to provide that a majority of the commodity board members be appointed by the director.

[ 2002 c 313 § 7.]
NOTES:

Effective dates—2002 c 313: See note following RCW 15.65.020.

Structure Revised Code of Washington

Revised Code of Washington

Title 15 - Agriculture and Marketing

Chapter 15.65 - Washington State Agricultural Commodity Boards.

15.65.010 - Short title.

15.65.020 - Definitions.

15.65.028 - Regulating agricultural commodities—Existing comprehensive scheme.

15.65.033 - Regulating agricultural commodities—Laws applicable.

15.65.040 - Establishing a commodity board—Marketing order—Purposes.

15.65.043 - Board may establish foundation.

15.65.047 - Director's duties and responsibilities—Amendments to marketing orders or agreements without a referendum—Rules.

15.65.050 - Director to enforce and administer chapter—Marketing agreements, orders issued, amended, notice, grounds for amendments.

15.65.060 - Form, filing of marketing agreement, order, amendment, and other proceedings.

15.65.070 - Notice of hearing on proposal—Publication—Contents.

15.65.090 - Subpoenas—Compelling attendance of witnesses, fees—Immunity of witnesses.

15.65.100 - Director's findings and recommended decision, delivery of copies—Taking official notice of facts from other agencies.

15.65.110 - Filing objections to recommended decision—Final decision—Waiver.

15.65.120 - Contents and scope of recommended and final decision—Delivery of copies.

15.65.130 - Agreements binding only on those who assent in writing—Agreement not effective until sufficient signatories to effectuate chapter—When effective.

15.65.140 - Minimum assent requirements prerequisite to order or amendment affecting producers or producer marketing.

15.65.150 - Minimum requirements prerequisite to order or amendment assessing handlers—Assent by producers.

15.65.160 - Ascertainment of required assent percentages.

15.65.170 - Issuance or amendment of marketing order—Assent—Rules.

15.65.175 - Issuing, amending, or terminating a marketing order—Limitation on public hearings or referendums.

15.65.180 - Suspension of marketing agreement or order upon advice of commodity board—Certain prerequisites waived.

15.65.183 - Termination of marketing order or agreement—Petition—Procedure.

15.65.185 - Referendum prior to termination of a marketing order or agreement—Procedure—Exceptions.

15.65.190 - Termination of agreement or order on assent of producers—Procedure.

15.65.193 - When marketing order or agreement is terminated—Duties of affected commodity board.

15.65.200 - Lists of affected parties—Information used to establish lists—Purpose and use.

15.65.203 - Certain records exempt from public disclosure—Exceptions—Actions not prohibited by chapter.

15.65.205 - After any vote, referendum, nomination, or election—Affected parties provided results—Disputes.

15.65.210 - Powers and duties of director with respect to the administration and enforcement of agreements and orders—Administrator—Personnel.

15.65.220 - Commodity boards—Membership—Marketing agreement or order to establish and control—Director votes.

15.65.230 - Qualifications of members of commodity boards.

15.65.235 - Producer-handlers as producers for membership purposes—Exception.

15.65.240 - Terms of members of commodity boards—Elections or appointment.

15.65.243 - When director appoints majority of the board—Nominations—Advisory vote—Notice—Director selects either of two candidates receiving the most votes.

15.65.250 - Nominations for election to commodity board—When only one nominee.

15.65.260 - Election of members of commodity board—Procedure.

15.65.270 - Vacancies, quorum, compensation, travel expenses of commodity board members and employees.

15.65.280 - Powers and duties of commodity board—Reservation of power to director.

15.65.283 - Members may belong to association with same objectives—Contracts with other associations authorized.

15.65.285 - Restrictive provisions of chapter 43.19 RCW not applicable to promotional printing and literature of commodity boards.

15.65.287 - Commission's plans, programs, and projects—Director's approval required.

15.65.289 - Commission speaks for state—Director's oversight.

15.65.290 - Claims and liabilities, enforcement against organization—Personal liabilities of officials, employees, etc.

15.65.295 - Lists of all affected producers and handlers—Affected parties responsible for accuracy—Use of lists.

15.65.300 - Agreement or order to contain detailed statement of powers and purposes.

15.65.305 - Promotional hosting expenditures—Rules.

15.65.310 - Advertising, sale, trade barrier, claim, etc., provisions in agreement or order.

15.65.320 - Agreement and order provisions for research.

15.65.330 - Agreement and order provisions for uniform grades and standards—Enforcement—Rules.

15.65.340 - Agreement and order provisions prohibiting or regulating certain practices.

15.65.350 - Agreement and order to define applicable area—"Production area"—"Marketing area."

15.65.360 - Agreement and order provisions for marketing information, services, verification of grades, standards, sampling, etc.

15.65.370 - Agreement or order not to prohibit or discriminatorily burden marketing.

15.65.375 - Agreement and order provisions—Participation in proceedings concerning regulation of pesticides or agricultural chemicals.

15.65.380 - Additional agreement or order provisions.

15.65.390 - Annual assessment—Limitation generally.

15.65.400 - Rate of assessment.

15.65.410 - Time, place, method for payment and collection of assessments.

15.65.420 - Use of moneys collected—Departmental expenses.

15.65.430 - Refunds of moneys received or collected.

15.65.440 - Assessments personal debt—Additional percentage if not paid—Civil action to collect.

15.65.450 - Deposit to defray department's expenses—Circumstances requiring reimbursement.

15.65.470 - Depositaries for revolving fund—Deposits.

15.65.480 - Separate accounts for each agreement or order—Disbursements.

15.65.490 - Records of financial transactions to be kept by director—Audits.

15.65.500 - Bonds of administrator, board, employee.

15.65.510 - Information and inspections required—Hearings—Confidentiality and disclosures.

15.65.520 - Criminal acts and penalties.

15.65.530 - Civil liability—Use of moneys recovered.

15.65.540 - Jurisdiction of superior courts—Who may bring action.

15.65.550 - Duty of attorney general and prosecuting attorneys—Investigation and hearing by director.

15.65.560 - Remedies additional.

15.65.570 - Proceedings subject to administrative procedure act—Exemptions.

15.65.580 - Director may issue agreement or order similar to license or order issued by United States—Administrator, board.

15.65.590 - Cooperation, joint agreements or orders with other states and United States to achieve uniformity.

15.65.600 - Public interest to be protected—Establishment of prices prohibited.

15.65.620 - Chapter not to affect other laws—Agreements and orders under prior law may be made subject to chapter.

15.65.630 - Application of chapter to canners, freezers, pressers, dehydrators of fruit or vegetables.

15.65.640 - Chapter not to apply to green pea grower or processor.

15.65.650 - Hop commodity board—Powers.

15.65.670 - Costs of implementing RCW 15.65.287.

15.65.680 - Appointment of nonvoting advisory members.

15.65.900 - Savings—1961 c 256.