3-104

3-104. Advisory council

A. The governor shall appoint a department of agriculture advisory council
consisting of five members appointed to terms of five years. A member may continue to
serve until his successor is appointed and assumes office. A member may not be appointed
to more than one full term plus appointment to fill a vacancy for the remainder of the
unexpired term.

B. The advisory council consists of the following:

1. Two members actively engaged in animal production as their major sources of
income.

2. Two members actively engaged in plant production as their major sources of
income.

3. One member actively engaged in agribusiness as his major source of income.

C. The governor may remove a member for cause. In addition, a member vacates his
office if he:

1. Ceases to engage in his qualifying occupation.

2. No longer resides in this state.

3. Is absent without excuse from three consecutive regular meetings of the council.

4. Resigns, dies or becomes unable to perform his duties as a council member.

D. Members of the advisory council are not eligible for compensation but are
eligible for reimbursement as provided by law for travel and other expenses. The
advisory council is a public body for purposes of title 38, chapter 3, article 3.1.

E. The advisory council shall:

1. Select a chairman and vice-chairman from among its members.

2. Hold a regular meeting every calendar quarter and additional meetings at the
call of the director, the chairman or a majority of its members.

F. The advisory council shall review agricultural policy in this state as
established by law and as administered in all functional areas of the department. The
advisory council shall assist the director in formulating administrative rules for the
department and formulating the department's proposed budget allocations among the
administrative units of the department and shall provide such additional assistance as
the director requests. The advisory council shall review, advise and make
recommendations to the director on proposed rules before they are adopted by the director
and may recommend initiating the rule making process relating to any subject under the
department's jurisdiction. In adopting departmental rules and budgets, the director
shall include the comments of the advisory council in the official record. In adopting
rules the director shall accept the recommendations of the advisory council if the
director finds them to be practicable and in the best interests of Arizona agriculture
and of the public. The director shall provide a written statement of reasons to the
advisory council within fifteen days if the director does not accept the advisory
council's recommendations.

G. The advisory council may conduct periodic analyses of departmental policy as
reflected by:

1. Decisions of hearing officers and the director on appeals of hearing officers'
decisions.

2. The operations of the state agricultural laboratory, the office of agriculture
safety and the office of border inspections.