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.

3. Before an advisory council meeting, notify any division council established pursuant to section 3-105 of agenda items that the director determines will impact that division.

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.