3-414. Powers and duties of a marketing
commission or marketing committee


A. A marketing commission or marketing committee shall:


1. Collect, receive and disburse any monies to be used to administer a marketing
order or marketing agreement.


2. Annually elect a chairman, secretary and treasurer from among its members.


3. Meet at least twice annually or at additional times called by the chairman or
when requested by a quorum of the marketing commission or marketing committee.


4. Keep a permanent record of its proceedings and make these records available for
public inspection for any lawful purpose.


5. Provide for an annual audit of any of its accounts by a certified public
accountant and make an annual financial statement available to any affected person and
the auditor general on request.


6. Prescribe any assessments to be assessed within the limits prescribed in this
article, the marketing order or the marketing agreement.


B. A marketing commission shall:


1. Prepare for the regulated commodity an annual report of its activities, receipts
and expenditures. A copy of the annual report shall be available to any interested
person on request.


2. Organize and administer any election called under this article or the marketing
order.


C. A marketing commission or marketing committee may:


1. Sue and be sued as a marketing commission or marketing committee, without
individual liability, for acts of the marketing commission or marketing committee within
the scope of the powers and duties conferred on it by this article, the marketing order
or the marketing agreement.


2. Enter into contracts to carry out the purposes of this article, the marketing
order or the marketing agreement.


3. Appoint committees or subcommittees of the marketing commission or marketing
committee, ex officio marketing commission or marketing committee members or advisory
groups composed of representatives from organizations, institutions or businesses related
to or interested in the regulated commodity.


4. Employ or retain and fix the compensation of a qualified person or qualified
entity to manage the marketing order or marketing agreement, on behalf of the marketing
commission or marketing committee, and other personnel that are necessary to carry out
the provisions of this article, the order or the agreement.


5. Cooperate with any local, state or nationwide organization or agency engaged in
work or activities similar or related to those of the commission or the committee and
enter into contracts with the organizations or agencies for carrying on joint programs.


6. Make grants to research agencies to finance appropriate studies, or to purchase
or acquire equipment and facilities consistent with the marketing order or marketing
agreement.


7. Act jointly and in cooperation with this state or any other state or the federal
government and spend monies to administer any program deemed by the commission or
committee to be beneficial to the affected commodity.


8. Accept grants, donations, contributions, gifts, property or services or other
assistance for public or private sources.


9. Adopt rules pursuant to title 41, chapter 6 necessary to promptly and
effectively administer this article.


10. Refer to persons regulated under a marketing order for an advisory vote the
question of setting assessments or establishing or continuing any program authorized by
the order.


11. Investigate and prosecute in the name of this state any legal action to enforce
the collection or ensure payment of the authorized assessments.


12. Gather data or any other information the commission or committee deems necessary
to administer and enforce the order or agreement.


13. Receive complaints of violations of the order or agreement and refer the
complaints to the proper authorities.