RCW 15.65.185
Referendum prior to termination of a marketing order or agreement—Procedure—Exceptions.
Except as provided in RCW 15.65.190 or subsection (4) of this section, the director, prior to termination of the marketing order or agreement, shall conduct a referendum as provided in this chapter, the rules adopted by the director, and the applicable marketing order or agreement.
(1) If a referendum on the termination of a marketing order or agreement is assented to, the referendum proposal shall be adopted by the director within thirty days of the count of the ballots and shall go into effect under chapter 34.05 RCW. If those affected producers eligible to vote in the referendum do not assent, no further action shall be taken by the director on the proposal.
(2) The list of affected producers used for conducting a referendum on the termination of a marketing order or agreement shall be kept in the rule-making file by the director. The list shall be certified as a true representation of the referendum mailing list. Inadvertent failure to notify an affected producer does not invalidate a referendum.
(3) The list of affected producers that is certified as the true representation of the mailing list of a referendum shall be used to determine assent as provided for in RCW 15.65.190.
(4) If the director determines that one hundred percent of the affected producers have filed a written application with the director requesting that a marketing order or agreement be terminated, the director may terminate the marketing order or agreement without conducting a referendum. The termination of the marketing order or agreement shall go into effect under chapter 34.05 RCW, but no sooner than at the end of the marketing season then current.
[ 2002 c 313 § 15.]
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.