WAC 16-512-020   Fryer commission -- Structure, powers, duties, and procedure.  (1) Establishment and membership. A fryer commission is hereby established to administer this marketing order which shall be composed of six members who shall be affected producers appointed at large by the director as provided in subsection (2) of this section and two members who shall be appointed by the commission members. In addition, the director shall be a voting member of the commission.

     (2) Representative membership. For the purpose of nomination and appointment of producer members of the commission, the affected area of the state of Washington shall be one representative district. Producer positions appointed at large by the director shall be numbered one through six. Positions appointed by the commission members shall be numbered seven and eight. The director's position shall be position nine.

     (3) Membership qualifications. Commission members shall be citizens and residents of this state, over the age of eighteen years. Producer members of the commission shall be producers of fryers in this state. The qualifications of producer members of the commission as herein set forth must continue during their term of office. Members appointed by the commission shall be either fryer producers or others active in matters relating to fryers.

     (4) Term of office.

     (a) The term of office of the commission members shall be three years from the date of their appointment and until their successors are appointed and qualified.

     (b) The initial members of the commission shall serve from the effective date of this marketing order in terms terminating as follows: Positions 3 and 6 shall terminate December 31, 1957; positions 1 and 5 shall terminate December 31, 1958; and positions 2 and 4 shall terminate December 31, 1959. One appointed member's term, being position 7, shall terminate December 31, 1958, and the second appointed member's term, being position 8, shall terminate December 31, 1959.

     (i) The appointed members of the initial commission shall be elected by a majority of the elected commissioners at the first meeting of said commission.

     (ii) With respect to the establishment of positions at large, commission members in office shall serve out their terms.

     (c) To accomplish the transition to a commodity commission structure where the director appoints a majority of the commission members, the names of the currently elected or appointed commission members in positions one through six shall be forwarded to the director for appointment within thirty days of the effective date of this amended marketing order.

     (5) Nomination and appointment of commission members. Nomination and appointment of director-appointed commission members shall be as set forth in chapter 15.66 RCW and specified by the director. Dates will be set as follows:

     (a) Not earlier than September 17 and not later than October 2 of each year, the director shall give notice by mail to all affected producers of an open commission position(s) and call for nominations. Nominating petitions shall be signed by five persons qualified to vote. The notice shall state the final date for filing nomination petitions which shall be not earlier than October 8 and not later than October 13 of each year.

     (b) The director shall conduct an advisory vote by mail to all affected producers not earlier than October 18 and not later than November 2 of each year. Ballots shall be returned not later than December 2 of each year. The advisory vote shall be conducted in a manner so that it shall be a secret ballot in accordance with rules adopted by the director. An affected producer is entitled to one vote.

     (c) When only one nominee is nominated by the affected producers for a director-appointed position, RCW 15.66.120 shall apply.

     (d) Except with respect to the initial fryer commission, the members of the commission not elected by the producers or appointed by the director shall be appointed by a majority of the commission within ninety days prior to the expiration of the term.

     (6) Vacancies.

     (a) In the event of a vacancy in a commission-appointed position, the remaining members shall select a qualified person to fill the term. The appointment shall be made at the commission's first or second meeting after the position becomes vacant.

     (b) In the event of a vacancy in a director-appointed position, the position shall be filled as specified in chapter 15.66 RCW.

     (7) Powers and duties of commission. The commission shall have the following powers and duties:

     (a) To administer, enforce, direct and control the provisions of this marketing order and of the act relating thereto;

     (b) To elect a chairman and such other officers as the commission may deem advisable;

     (c) To adopt, rescind, and amend rules and regulations reasonably necessary for the administration and operation of the commission and the enforcement of its duties under this marketing order;

     (d) To employ and discharge at its discretion such administrators and additional personnel, attorneys, advertising and research agencies and other persons and firms that it may deem appropriate and pay compensation to the same;

     (e) To acquire personal property and lease office space and other necessary real property and transfer and convey the same;

     (f) To institute and maintain in its own name any and all legal actions, including actions by injunction, mandatory injunction or civil recovery, or proceedings, before administrative tribunals or other governmental authorities necessary to carry out the provisions of the act and of this marketing order;

     (g) To keep accurate records of all its receipts and disbursements, which records shall be open to inspection and audit by the department and other legal agencies of the state and make annual reports therefrom to the state auditor.

     (h) To borrow money and incur indebtedness;

     (i) To make necessary disbursements for routine operating expenses;

     (j) To collect the assessments of producers as provided in this marketing order and to expend the same in accordance with and to effectuate the purposes of the act and this order;

     (k) To prepare a budget or budgets covering anticipated income and expenses to be incurred in carrying out the provisions of this marketing order during each fiscal year. The commission, at least sixty days prior to the beginning of its fiscal year, shall prepare and submit to the director for approval its research plan, its commodity-related education and training plan, and its budget;

     (l) To accept and receive gifts, grants, and contributions from private persons or private and public agencies and expend the same to effectuate the purposes of the act and this order;

     (m) To work cooperatively with other local, state, and federal agencies; universities; and national organizations for the purposes set forth in this marketing order;

     (n) To enter into contracts or interagency agreements with any private or public agency, whether federal, state, or local, to carry out the purposes set forth in this marketing order. Personal service contracts must comply with chapter 39.29 RCW;

     (o) To enter into contracts or agreements for research in the production, irrigation, processing, transportation, marketing, use, or distribution of fryers, broilers, and roasters;

     (p) To retain in emergent situations the services of private legal counsel to conduct legal actions on behalf of the commission. The retention of a private attorney is subject to review by the office of the attorney general;

     (q) To engage in appropriate fund-raising activities for the purpose of supporting activities of the commission authorized by this marketing order;

     (r) To participate in international, federal, state, and local hearings, meetings, and other proceedings relating to the production, manufacture, regulation, transportation, distribution, sale, or use of fryers, broilers, and roasters including activities authorized under RCW 42.17.190, including the reporting of those activities to the public disclosure commission;

     (s) To maintain a list of the names and addresses of affected producers that may be compiled from information used to collect assessments under the provisions of this marketing order and data on the value of each producer's production for a minimum three-year period pursuant to RCW 15.66.140;

     (t) To maintain a list of the names and addresses of persons who handle fryers within the affected area and data on the amount and value of the fryers handled for a minimum three-year period by each person pursuant to RCW 15.66.140;

     (u) To maintain a list of names and addresses of all affected persons who produce fryers and the amount, by unit, of fryers produced during the past three years pursuant to RCW 15.66.143;

     (v) To maintain a list of all persons who handle fryers and the amount of fryers handled by each person during the past three years pursuant to RCW 15.66.143;

     (w) To establish a foundation using commission funds as grant money for the purposes established in this marketing order;

     (x) To request records and audit the records of producers or handlers of the affected commodity during normal business hours to determine whether the appropriate assessment has been paid;

     (y) To acquire or own intellectual property rights, licenses, or patents and to collect royalties resulting from commission-funded research related to the affected commodity; and

     (z) To exercise such other powers and perform such other duties as are necessary and proper to effectuate the purposes of the act and of this marketing order.

     (8) Procedure for commission.

     (a) The commission may by resolution establish a headquarters which shall continue as such unless and until so changed by the commission, at which headquarters shall be kept the books, records, and minutes of the commission meetings.

     (b) The commission shall hold regular meetings at least quarterly, with the time and date thereof to be fixed by the resolution of the commission. Notice of the time and place of regular meetings shall be published on or before January of each year in the Washington State Register. Notice of any change to the meeting schedule shall be published in the state register at least twenty days prior to the rescheduled meeting date.

     (c) The commission may hold special meetings as it may deem advisable and shall establish by resolution the time, place, and manner of calling such special meetings with reasonable notice to the members: Provided, That the notice to a member of any special meeting may be waived by a waiver from that member of the commission. Notice for special meetings shall be in compliance with chapter 42.30 RCW.

     (d) Any action taken by the commission shall require the majority vote of the members present, provided a quorum is present.

     (e) A quorum of the commission shall consist of at least five members.

     (f) No member of the commission shall receive any salary or other compensation from the commission, except that each member shall be paid a specified sum to be determined by resolution of the commission which shall not exceed the compensation rate set by RCW 43.03.230 for each day spent in the actual attendance at or traveling to and from meetings of the commission or on special assignments for the commission, together with subsistence and travel expenses in accordance with RCW 43.03.050 and 43.03.060. The commission may adopt by resolution provisions for reimbursement of actual travel expenses incurred by members of the commission in carrying out the provisions of this marketing order pursuant to RCW 15.66.130.

     (9) Limitation of liability of commission members and employees. Obligations incurred by the commission and any other liabilities or claims against the commission shall be enforced only against the assets of the commission in the same manner as if it were a corporation and no liability for the debts or actions of the commission shall exist against either the state of Washington or any subdivision or instrumentality thereof or against any other commission established pursuant to the act or the assets thereof or against any member officer, employee, or agent of the commission in his individual capacity. The members of the commission, including employees thereof, shall not be held responsible individually in any way whatsoever to any person for errors in judgment, mistakes, or other acts either of commission or omission, as principal, agent, person or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of the commission. The liability of the members of the commission shall be several and not joint and no member shall be liable for the default of any other member.



[Statutory Authority: RCW 15.66.030, 15.66.053, 15.66.055. 04-07-128, § 16-512-020, filed 3/22/04, effective 4/22/04; Order 1405, § 16-512-020, filed 7/7/75; Marketing Order, Article II, effective 4/15/57.]