3-409. Findings of assistant director
A. Based on testimony received at the public meeting, the assistant director may
recommend to the petitioners that the proposed marketing order be modified. If the
petitioners make any substantial changes to the proposed marketing order after the public
meetings, there shall be at least one additional public meeting to receive evidence and
testimony regarding the revised marketing order. If the petitioners make only technical
changes to the proposed marketing order, no additional public meeting is required.
B. The assistant director shall approve the marketing order if he finds:
1. The same marketing agreement or marketing order program is not in effect for the
affected commodity in the territory described by the proposed marketing order.
2. The marketing order complies with this article.
3. The costs of administering the proposed marketing order are met by the proposed
assessment, if an assessment is necessary.
C. The assistant director shall issue a decision to be mailed to all persons
appearing at the public meeting within twenty days after the conclusion of all public
meetings. The decision shall state the findings of the assistant director, the method of
voting on the proposed marketing order and a summary of the evidence and testimony
presented at the public meetings.
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