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
Title 15 - Agriculture and Marketing
Chapter 15.65 - Washington State Agricultural Commodity Boards.
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.
15.65.060 - 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.
15.65.110 - Filing objections to recommended decision—Final decision—Waiver.
15.65.120 - Contents and scope of recommended and final decision—Delivery of copies.
15.65.160 - Ascertainment of required assent percentages.
15.65.170 - Issuance or amendment of marketing order—Assent—Rules.
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.
15.65.230 - 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.
15.65.250 - Nominations for election to commodity board—When only one nominee.
15.65.260 - Election of members of commodity board—Procedure.
15.65.280 - Powers and duties of commodity board—Reservation of power to director.
15.65.287 - Commission's plans, programs, and projects—Director's approval required.
15.65.289 - Commission speaks for state—Director's oversight.
15.65.300 - 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."
15.65.370 - Agreement or order not to prohibit or discriminatorily burden marketing.
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.
15.65.560 - Remedies additional.
15.65.570 - Proceedings subject to administrative procedure act—Exemptions.
15.65.600 - Public interest to be protected—Establishment of prices prohibited.
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.