SECTIONS 78245-78263

78245.  The powers and duties of the commission include, but are notlimited to, all of those specified in this article.78246.  The commission may adopt, amend, and repeal regulations andoperating procedures necessary to carry out this chapter, includingregulations governing appeals from actions taken by the commissionpursuant to any of its regulations or operating procedures.78247.  The commission may administer and enforce this chapter andperform all acts and exercise all powers incidental to, or inconnection with, or deemed reasonably necessary for, the proper oradvisable effectuation of this chapter.78248.  The commission may appoint its own officers, including achairperson, one or more vice chairpersons, and other officers as itdeems necessary. The officers have the powers and duties delegated tothem by the commission.78249.  The commission may employ a person to serve at the pleasureof the commission as president and chief executive officer of thecommission, and other personnel, including legal counsel, necessaryto carry out this chapter. The commission may retain a management firm or the staff from anyboard, commission, or agency of the state or federal government toperform the functions prescribed by this section under the control ofthe commission. If any person employed by the commission engages inany conduct that the secretary determines is not in the publicinterest or that is in violation of this chapter, the secretary shallnotify the commission of the conduct and request that correctiveand, if appropriate, disciplinary action be taken by the commission.If the commission fails or refuses to correct the situation or totake disciplinary action satisfactory to the secretary, the secretarymay suspend or discharge the person.78250.  The commission may fix the compensation for all employees ofthe commission.78251.  The commission may appoint committees composed of bothmembers and nonmembers of the commission to advise the commission incarrying out this chapter.78252.  The commission may establish offices and incur expenses,enter into any and all contracts and agreements, create liabilities,borrow funds in advance of receipt of assessments, and repayproducers for costs incurred during the initial formation of thecommission, as may be necessary, in the opinion of the commission,for the proper administration and enforcement of this chapter and theperformance of its duties.78253.  The commission shall keep accurate books, records, andaccounts of all its dealings that shall be subject to an annual auditby an auditing firm selected by the commission with the concurrenceof the secretary. A summary of the audit shall be reported to allproducers, and a copy of the summary shall also be submitted to thedepartment. In addition, the secretary may, as he or she determinesnecessary, conduct or cause to be conducted a fiscal and complianceaudit of the commission.78254.  The commission may present facts to, and negotiate with,state, federal, and foreign agencies on matters which affect thischapter, to the extent permitted by federal law.78255.  The commission may make, in its name, contracts to receiveor render services in formulating and conducting plans and programsand any other contracts or agreements that the commission deemsnecessary for carrying out this chapter.78256.  The commission may conduct, and contract with others toconduct, any of the following: (a) Programs for the development, maintenance, and expansion offoreign and domestic markets, including initiating and participatingin trade and tariff related hearings and proceedings. (b) Programs for promotion of asparagus sales, including marketingresearch and advertising and promotion. (c) Programs for production and processing research. (d) Any other programs or actions in furtherance of the productionand sale of asparagus.78257.  The commission may accept contributions or matching private,state, or federal funds, and employ or make contributions of fundsto other persons or state or federal agencies, for purposes of thischapter.78258.  The commission may publish and distribute, without charge,bulletins and other communications for the dissemination ofinformation to producers.78259.  The commission shall establish an assessment rate to defraythe operating costs of the commission.78260.  The commission shall adopt an annual budget according toaccepted accounting practices. The secretary shall concur in theadoption of the budget prior to the encumbrance of funds, except forencumbrances necessary to pay the compensation of employees of thecommission.78261.  The commission shall annually prepare and submit to thesecretary, for his or her concurrence, a statement of contemplatedactivities authorized pursuant to this chapter.78262.  The commission and the secretary shall keep confidential andshall not disclose, except when required by a court order after ahearing in a judicial proceeding involving this chapter and except asotherwise provided in subdivision (c) of Section 78270, all lists ofproducers in their possession.78263.  The commission may investigate and prosecute civilviolations of this chapter and file complaints with appropriate lawenforcement agencies or officers for suspected criminal violations ofthis chapter.