(1)
Administration. The provisions of this order and the applicable
provisions of the act shall be administered and enforced by the board as the
designee of the director.
(2)
Board membership.
(a) The board
shall consist of eight members. Seven members shall be affected producers
elected as provided in this section. The director shall appoint one member of
the board who is neither an affected producer nor a handler to represent the
department and the public.
(b) For
the purpose of nomination and election of producer members of the board, the
affected area shall be the entire state of Washington.
(3)
Board membership
qualifications.
The affected producer members of the board shall be practical
producers of hops and shall be citizens and residents of the state of
Washington, over the age of twenty-five years, each of whom is and has been
actually engaged in producing hops within the state of Washington for a period
of five years and has during that time derived a substantial portion of his
income therefrom and who is not engaged in business, directly or indirectly, as
a handler or other dealer.
(4)
Term of office.
(a) The term of office for members of the
board shall be three years and one-third of the membership as nearly as
possible shall be elected each year.
(b) Membership positions on the board shall
be designated numerically; affected producers shall have positions one through
seven and the member appointed by the director position eight.
(c) The term of office for the initial board
members shall be as follows:
Positions one, two, three and ten - Until June 30,
1967
Positions four, five and six - Until June 30, 1966
Positions seven, eight and nine - Until June 30, 1965
(d) Terms of office for the board
members serving at the time of the 1992 amendment of this section shall be as
follows:
Positions one, two, three and ten - Until December 31,
1994
Positions four, five and six - Until December 31, 1993
Positions seven, eight and nine - Until December 31,
1992
(e) The term of office
for the remaining producer board members serving at the time of the effective
date of the 2005 amended marketing order shall be as follows:
Positions four, five, and six - Until December 31,
2005
Positions one and two - Until December 31, 2006
Positions three and seven - Until December 31, 2007
(5)
Nomination
and election of board members. Each year the director shall call for a
nomination meeting. Such meeting shall be held at least thirty days in advance
of the date set by the director for the election of board members. Notice of
every such meeting shall be published in a newspaper of general circulation
within the major production area not less than ten days in advance of the date
of such meeting and in addition, written notice of every such meeting shall be
given to all affected producers according to the list maintained by the
director pursuant to
RCW
15.65.200 of the act. Nonreceipt of notice by
any interested person shall not invalidate the proceedings at such nomination
meeting. Any qualified affected producer may be nominated orally for membership
on the board at such nomination meetings. Nominations may also be made within
five days after any such meetings by written petition filed with the director
signed by not less than five affected producers. At the inception of this order
nominations may be made at the issuance hearing.
(6)
Election of board members.
(a) Members of the board shall be elected by
secret mail ballot within the month of November under the supervision of the
director. Affected producer members of the board shall be elected by a majority
of the votes cast by the affected producers. Each affected producer shall be
entitled to one vote.
(b) If a
nominee does not receive a majority of the votes on the first ballot a run-off
election shall be held by mail in a similar manner between the two candidates
for such position receiving the largest number of votes.
(c) Notice of every election for board
membership shall be published in a newspaper of general circulation within the
major production area not less than ten days in advance of the date of such
election. Not less than ten days prior to every election for board membership,
the director shall mail a ballot of the candidates to each affected producer
entitled to vote whose name appears upon the list of such affected producers
maintained by the director in accordance with
RCW
15.65.200. Any other affected producer
entitled to vote may obtain a ballot by application to the director upon
establishing his qualifications. Nonreceipt of a ballot by any affected
producer shall not invalidate the election of any board member.
(7)
Vacancies prior to
election. In the event of a vacancy on the board, the remaining members
shall select a qualified person to fill the unexpired term.
(8)
Quorum. A majority of the
members shall constitute a quorum for the transaction of all business and the
carrying out of all duties of the board.
(9)
Board compensation. No
member of the board shall receive any salary or other compensation, but each
member shall be reimbursed for actual subsistence and traveling expenses
incurred through attendance at meetings or other board activities: Provided,
That such expenses shall be authorized by resolution by unanimous approval of
the board at a regular meeting.
(10)
Powers and duties of the board.
The board shall have the following powers and duties:
(a) To administer, enforce and control the
provisions of this order as the designee of the director.
(b) To elect a chairman and such other
officers as the board deems advisable.
(c) To employ and discharge at its discretion
such personnel, including attorneys engaged in the private practice of law
subject to the approval and supervision of the attorney general, as the board
determines are necessary and proper to carry out the purpose of the order and
effectuate the declared policies of the act.
(d) To pay only from moneys collected as
assessments or advances thereon the costs arising in connection with the
formulation, issuance, administration and enforcement of the order. Such
expenses and costs may be paid by check, draft or voucher in such form and in
such manner and upon the signature of the person as the board may
prescribe.
(e) To reimburse any
applicant who has deposited money with the director in order to defray the
costs of formulating the order.
(f)
To establish a "hop board marketing revolving fund" and such fund to be
deposited in a bank or banks or financial institution or institutions, approved
for the deposit of state funds, in which all money received by the board except
as the amount of petty cash for each day's needs, not to exceed one hundred
dollars, shall be deposited each day or as often during the day as
advisable.
(g) To keep or cause to
be kept in accordance with accepted standards of good accounting practice,
accurate records of all assessments, paid outs, moneys and other financial
transactions made and done pursuant to this order. Such records, books and
accounts shall be audited subject to procedures and methods lawfully prescribed
by the state auditor. Such books and accounts shall be closed as of the last
day of each fiscal year of the state of Washington. A copy of such audit shall
be delivered within thirty days after the completion thereof to the governor,
the director, the state auditor and the board.
(h) To require a bond of all board members
and employees of the board in a position of trust in the amount the board shall
deem necessary. The premium for such bond or bonds shall be paid by the board
from assessments collected. Such bond shall not be necessary if any such board
member or employee is covered by any blanket bond covering officials or
employees of the state of Washington.
(i) To prepare a budget or budgets covering
anticipated income and expenses to be incurred in carrying out the provisions
of the order during each fiscal year.
(j) To establish by resolution, a
headquarters which shall continue as such unless and until so changed by the
board. All records, books and minutes of board meetings shall be kept at such
headquarters.
(k) To adopt rules
and regulations of a technical or administrative nature, subject to the
provisions of
chapter
34.05 RCW (Administrative
Procedure Act).
(l) To carry out
the provisions of
RCW
15.65.510 covering the obtaining of
information necessary to effectuate the provisions of the order and the act,
along with the necessary authority and procedure for obtaining such
information.
(m) To bring actions
or proceedings upon joining the director as a party for specific performance,
restraint, injunction or mandatory injunction against any person who violates
or refuses to perform the obligations or duties imposed upon him by the act or
order.
(n) To confer with and
cooperate with the legally constituted authorities of other states and of the
United States for the purpose of obtaining uniformity in the administration of
federal and state marketing regulations, licenses, agreements or
orders.
(o) To carry out any other
grant of authority or duty provided designees and not specifically set forth in
this section.
(11)
Procedures for board.
(a) The
board shall hold regular meetings, at least quarterly, with the time and date
thereof to be fixed by resolution of the board.
(b) The board shall hold an annual meeting,
at which time an annual report will be presented. The proposed budget shall be
presented for discussion at the meeting. Notice of the annual meeting shall be
given by the board at least ten days prior to the meeting by written notice to
each producer and by regular wire news services and radio-television
press.
(c) The board shall
establish by resolution, the time, place and manner of calling special meetings
of the board with reasonable notice to the members: Provided, That the notice
of any special meeting may be waived by a waiver thereof by each member of the
board.