01-001 C.M.R. ch. 2, § 3 - Referendum Procedures

A. Adoption by the Commissioner. After public hearing and the close of time for submission of written comments on any proposed market order, the Commissioner may, upon finding that the market order will effectuate the legislative policy of the Act, adopt such order with such amendments as are deemed appropriate.

B. Distribution of Ballots. Upon adoption of a market order, referendum ballots shall be distributed by the Commissioner to all persons affected by the market order, as specified therein. The Commissioner shall use due diligence to determine such names but shall not be responsible for failure to send ballots to those whose names are not known to the Commissioner, and the effectiveness of the market order shall not be affected thereby.

C. Return of Ballot. Persons receiving ballots shall return the same within the time specified thereon. On the ballot, the person shall indicate his/her/its name, address, the volume of agricultural commodity, in terms as specified in the market order or on the ballot, which was marketed during the preceding marketing year, and an affirmative or negative vote on the proposed market order. Anyone voting on behalf of a corporation or business association shall indicate the authority to do so. All ballots shall be signed and certified as to their truth.

D. Validity of Ballots. The referendum ballots shall be considered by the Commissioner if they are received within the specified period. The Commissioner shall not consider a referendum ballot which is determined not to be properly completed and signed.

E. Criteria for Passage. The referendum shall be deemed to have passed if the Commissioner determines that 66 2/3% or more of those participating in the referendum have voted in favor of the market order and that the affirmative vote represents at least 51% of the quantity of the agricultural commodity subject to the market order that was marketed in the preceding marketing year by those participating, as reflected by the ballots submitted; or, in the alternative, if the Commissioner determines that 51% or more of those who participated in the referendum have voted in favor of the market order and that the affirmative vote represents at least 66 2/3% of the quantity of the agricultural commodity subject to the market order that was marketed during the preceding marketing year by those participating, as reflected by the ballots submitted.

F. Certification. If the market order is ratified, the Commissioner shall certify the results of the referendum to the Attorney General and shall file the market order with the Secretary of State.

Notes

01-001 C.M.R. ch. 2, § 3