Revised Code of Washington
Chapter 15.66 - Washington State Agricultural Commodity Commissions.
15.66.053 - Proceedings subject to administrative procedure act—Exemptions.

RCW 15.66.053
Proceedings subject to administrative procedure act—Exemptions.

(1) All rule-making proceedings conducted under this chapter shall be in accordance with chapter 34.05 RCW.
(2) Rule-making proceedings conducted under this chapter are exempt from compliance with RCW 34.05.310, chapter 19.85 RCW, the regulatory fairness act, and RCW 43.135.055 when adoption of the rule is determined by a referendum vote of the affected parties.
(3) The director may adopt amendments to marketing 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 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;
(c) The proposed amendments only correct typographical errors, make address or name changes, or clarify language of a rule without changing the marketing order;
(d) The content of the proposed amendments is explicitly and specifically dictated by statute.
A marketing order shall not be amended without a referendum to provide that a majority of the commodity commission members be appointed by the director.

[ 2002 c 313 § 43.]
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 15.66 - Washington State Agricultural Commodity Commissions.

15.66.010 - Definitions.

15.66.015 - Regulating agricultural commodities—Existing comprehensive scheme.

15.66.017 - Regulating agricultural commodities—Laws applicable.

15.66.023 - Commission may establish foundation.

15.66.030 - Marketing orders authorized—Purposes.

15.66.040 - Prerequisites to marketing orders—Director's duties.

15.66.050 - Petition for marketing order—Deposit to defray department's expenses—Circumstances requiring reimbursement.

15.66.053 - Proceedings subject to administrative procedure act—Exemptions.

15.66.055 - Director's duties and responsibilities—Rules.

15.66.060 - Lists of affected parties—Notice—Use of lists.

15.66.070 - Petitions for marketing orders—Public hearing—Legal notice.

15.66.080 - Findings, conclusions, and recommended decision of the director—Notification—Final decision.

15.66.090 - After final decision—Assent of affected parties determined by referendum.

15.66.093 - Suspension of marketing order upon request of commodity commission.

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

15.66.100 - Contents of marketing order.

15.66.105 - Certain records exempt from public disclosure—Exemptions—Actions not prohibited by chapter.

15.66.110 - Commodity commission—Composition—Terms.

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

15.66.120 - Commodity commission—Nominations—Elections—Vacancies.

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

15.66.130 - Commodity commission—Meetings—Quorum—Compensation—Travel expenses for members and employees.

15.66.140 - Commodity commission—Powers and duties.

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

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

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

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

15.66.150 - Annual assessments—Rate—Collection.

15.66.153 - Promotional hosting expenditures—Rules.

15.66.157 - When commodity commission is terminated—Duties of affected commodity commission.

15.66.160 - Annual assessments—Disposition of revenue.

15.66.170 - Annual assessments—Payments—Civil action to enforce.

15.66.180 - Expenditure of funds collected.

15.66.185 - Investment of agricultural commodity commission funds in savings or time deposits of banks, trust companies, and mutual savings banks.

15.66.190 - Official bonds required.

15.66.200 - Petition for modification or exemption—Hearing—Appeal from ruling.

15.66.210 - Unlawful acts—Penalties—Injunctions—Investigations.

15.66.220 - Compliance with chapter a defense in any action.

15.66.230 - Liability of commission, state, etc.

15.66.240 - Marketing agreements.

15.66.245 - Marketing agreement or order—Authority for participation in proceedings concerning regulation of pesticides or agricultural chemicals.

15.66.250 - Price fixing and product limiting prohibited.

15.66.260 - Costs of conducting nominations and elections—Reimbursement.

15.66.263 - Costs of implementing RCW 15.66.141.

15.66.270 - Exempt commissions—Marketing agreements and orders.

15.66.275 - Applicability of chapter to state agencies or other governmental units.

15.66.280 - Restrictive provisions of chapter 43.19 RCW not applicable to promotional printing and literature of commissions.

15.66.900 - Short title.