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. 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 from public or private sources.

9. Provide educational materials to:

(a) Interested parties that are not affected persons at a charge fixed by the commission or committee commensurate with the cost of compilation, publication and issuance.

(b) Public officials without charge.

10. Return assessments to affected persons on a pro rata basis to the extent that monies collected exceed budgeted expenses.

11. Adopt rules necessary to promptly and effectively administer this article. Title 41, chapter 6 does not apply to rule making under this article, but the commission or committee shall provide fifteen days' advance notice of the meeting at which rules will be adopted. The commission or committee shall receive public testimony at the meeting regarding the rules.

12. 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.

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

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

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

16. Provide for an annual audit of its accounts by a qualified public accounting firm and, if an audit or financial statement is prepared, make the audit or financial statement available to any affected person and the auditor general on request.