3-107

3-107. Organizational and administrative powers
and duties of the director

A. The director shall:

1. Formulate the program and policies of the department and adopt administrative
rules to effect its program and policies.

2. Ensure coordination and cooperation in the department in order to achieve a
unified policy of administering and executing its responsibilities.

3. Subject to section 35-149, accept, expend and account for gifts, grants, devises
and other contributions of money or property from any public or private source, including
the federal government. All contributions shall be included in the annual report under
paragraph 6 of this subsection. Monies received under this paragraph shall be deposited,
pursuant to sections 35-146 and 35-147, in special funds for the purpose specified, which
are exempt from section 35-190 relating to lapsing of appropriations.

4. Contract and enter into interagency and intergovernmental agreements pursuant to
title 11, chapter 7, article 3 with any private party or public agency.

5. Administer oaths to witnesses and issue and direct the service of subpoenas
requiring witnesses to attend and testify at or requiring the production of evidence in
hearings, investigations and other proceedings.

6. Not later than September 30 each year issue a report to the governor and the
legislature of the department's activities during the preceding fiscal year. The report
may recommend statutory changes to improve the department's ability to achieve the
purposes and policies established by law. The director shall provide a copy of the report
to the Arizona state library, archives and public records.

7. Establish, equip and maintain a central office in Phoenix and field offices as
the director deems necessary.

8. Sign all vouchers to expend money under this title, which shall be paid as other
claims against this state out of the appropriations to the department.

9. Coordinate agricultural education efforts to foster an understanding of Arizona
agriculture and to promote a more efficient cooperation and understanding among
agricultural educators, producers, dealers, buyers, mass media and the consuming public
to stimulate the production, consumption and marketing of Arizona agricultural products.

10. Employ staff and terminate employment for cause as provided by title 41, chapter
4, article 5.

11. Conduct hearings on appeals of the portion of plow-up refunds withheld as a
penalty pursuant to criteria adopted pursuant to section 3-1087, subsection B. The
director may adopt rules to implement this paragraph.

12. Cooperate with the Arizona-Mexico commission in the governor's office and with
researchers at universities in this state to collect data and conduct projects in the
United States and Mexico on issues that are within the scope of the department's duties
and that relate to quality of life, trade and economic development in this state in a
manner that will help the Arizona-Mexico commission to assess and enhance the economic
competitiveness of this state and of the Arizona-Mexico region.

B. The director may:

1. Authorize in writing any qualified officer or employee in the department to
perform any act that the director is authorized or required to do by law.

2. Construct and operate border inspection stations or other necessary facilities
in this state and cooperate by joint agreement with an adjoining state in constructing
and operating border inspection stations or other facilities within the boundaries of
this state or of the adjoining state.

3. Cooperate with agencies of the United States and other states and other agencies
of this state and enter into agreements in developing and administering state and federal
agricultural programs regarding the use of department officers, inspectors or other
resources in this state, in other states or in other countries.

4. Cooperate with the office of tourism in distributing Arizona tourist
information.

5. Enter into compliance agreements with any person, state or regulatory agency.
For the purposes of this paragraph, "compliance agreement" means any written agreement or
permit between a person and the department for the purpose of enforcing the department's
requirements.

6. Abate, suppress, control, regulate, seize, quarantine or destroy any
agricultural product or foodstuff that is adulterated or contaminated as the result of an
accident at a commercial nuclear generating station as defined in section 26-301,
paragraph 1. A person owning an agricultural product or foodstuff that has been subject
to this paragraph may request a hearing pursuant to title 41, chapter 6, article 10.

7. Engage in joint venture activities with businesses and commodity groups that are
specifically designed to further the mission of the department, that comply with the
constitution and laws of the United States and that do not compete with private
enterprise.

8. Sell, exchange or otherwise dispose of personal property labeled with the
"Arizona grown" trademark. Revenues received pursuant to this paragraph shall be credited
to the commodity promotion fund established by section 3-109.02.