01-001 C.M.R. ch. 4, § 2 - 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.

B. Distribution of ballots. Upon his adoption of a market order referendum ballots shall be distributed by the Commissioner to all producers whose names appear on the lists of apple producers maintained by the Maine Pomological Society and whose names may otherwise have been made known to the Commissioner in response to the notice of the hearings concerning the market order,, or as a result of other inquiries.

C. Return of ballots. An apple producer shall return the referendum ballot within the time specified, indicating the producer's name, address, the volume of apples marketed for fresh market use during the preceding marketing season, and an affirmative or negative vote. Any person voting on behalf of a producer which is a corporation or business association shall indicate his authority to so vote. All ballots shall be signed and certified as to their truth. The volume of apples marketed for fresh market use shall be indicated in boxes, provided, however, that a ballot shall not be invalid if volume is otherwise indicated; pounds shall be converted by the Commissioner to boxes at a rate of 40 pounds per box.

D. Validity of ballots. The referendum ballots shall be considered by the Commissioner if they are received no later than 20 days after the date on which they were originally mailed by him. The Commissioner shall not consider a referendum ballot which he determines is riot properly completed and signed.

E. Results of the referendum. The Commissioner shall determine whether 66 2/3% of the apple producers who participated in the referendum have voted in favor of the market order and whether that affirmative vote represents 51% of the quantity of apples marketed during the preceding marketing season by those participating in the referendum; or, in the alternative, whether 511 of the producers who participated in the referendum have voted in favor of the market order and whether that affirmative vote represents 66 2/3% of the quantity of apples marketed during the preceding marketing season by those participating in the referendum.

F. Certification. The commissioner shall certify the results of the referendum to the Attorney General and shall file the order with the Secretary of State.

Notes

01-001 C.M.R. ch. 4, § 2