A. 1. Any nonprofit commodity organization may petition the Commissioner of the Oklahoma Department of Agriculture, Food, and Forestry to request approval to conduct a state assessment referendum pursuant to the Commodity Research Enhancement Act.
2. The petition shall state:
a.the name of the nonprofit organization that will conduct the referendum,
b.the reasons for and the purposes of the state assessment,
c.the federally approved commodity board that will be designated by the nonprofit commodity organization as the recipient of the state assessment,
d.the maximum state assessment to be levied pursuant to an election,
e.the names and number of positions held by each nonprofit commodity organization on the federally approved commodity board, and
f.such other information required by the Commissioner.
3. The petition shall be signed by at least ten percent (10%) of the commodity producers in the state.
B. 1. Within fifteen (15) days following the day on which a petition for certification is received, the Commissioner shall schedule a public hearing to consider the petition. The public hearing shall be scheduled no later than forty (40) days after receipt of the completed petition by the Department.
2. Upon the scheduling of the public hearing, the nonprofit commodity organization shall provide for notification of interested commodity producers in the manner, method and locations required by the Oklahoma Department of Agriculture, Food, and Forestry.
3. If the Commissioner determines that, on the basis of testimony presented at the public hearing, the petitioning nonprofit commodity organization is representative of the producers of the agricultural commodity and that the petition conforms to the purposes and provisions of the Commodity Research Enhancement Act, the Commissioner shall designate the nonprofit commodity organization as representative of the producers of the commodity and authorized to conduct the state assessment referendum.
4. The petitioning nonprofit commodity organization shall be responsible for all costs associated with the Commissioner's consideration of the petition.
Added by Laws 2014, c. 371, § 3, eff. Nov. 1, 2014.
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