WAC 16-530-020   Barley commission.  (1) Establishment and membership. A barley commission is hereby established to administer this marketing order and shall be composed of five members who shall be affected producers appointed by the director as provided in 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 districts. The affected area shall be divided into the five following districts:

     (a) District I shall have one commission member, and shall include the counties of Chelan, Douglas, Ferry, Grant, Okanogan, Spokane, Stevens, and Pend Oreille.

     (b) District II shall have one commission member, and shall include Whitman county.

     (c) District III shall have one commission member, and shall include the counties of Asotin, Benton, Columbia, Garfield, and Walla Walla.

     (d) District IV shall have one commission member, and shall include the counties of Adams, Franklin, Kittitas, Klickitat, and Yakima.

     (e) District V shall have one commission member, and shall include Lincoln county.

     (f) Producer positions appointed by the director shall be numbered one through five. Positions appointed by the commission members shall be numbered six and seven. The director's position shall be position eight.

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

     (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 barley in the district in and for which they are nominated and appointed. The qualifications of producer members of the commission as herein set forth must continue during their term of office.

     (4) Term of office.

     (a) The term of office of commission members shall be three years from the date of their appointment and until their successors are appointed. The terms of office for the initial commission members shall be as follows:

     District I shall terminate December 31, 1986.

     Districts II and III shall terminate December 31, 1987.

     Districts IV and V shall terminate December 31, 1988.

     One appointed member's term shall terminate December 31, 1986.

     The second appointed member's term shall terminate December 31, 1988.

     The appointed members of the initial commission shall be elected by a majority of the elected commissioners on or before the adjournment of its third meeting.

     (b) Within thirty days of the effective date of this amended marketing order, the names of the currently elected board members shall be forwarded to the director for appointment to the commission.

     (5) Nomination and appointment of commission members.

     (a) 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:

     (i) Nominating petitions for director-appointed positions shall be mailed not earlier than September 17 and not later than October 2 of each year in the district wherein an open commission position(s) will occur. Nominating petitions shall be signed by not less than five affected producers of the district from which such a candidate will be appointed.

     (ii) Final date for filing of nominating petitions for director-appointed positions to the director shall not be earlier than October 8 and not later than October 13 of each year.

     (iii) Ballots for an advisory vote will be mailed to all producers in the district wherein an open commission position(s) will occur, not earlier than October 18 and not later than November 2 of each year.

     (iv) Ballots for an advisory vote shall be returned not later than December 2 of such year. An affected producer is entitled to one vote.

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

     (b) Except with respect to the initial barley 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 elect a chairman and such other officers as determined advisable.

     (b) To adopt, rescind and amend rules reasonably necessary for the administration and operation of the commission and the enforcement of its duties under the marketing order.

     (c) To administer, enforce, direct, and control the provisions of the marketing order and of this chapter relating thereto.

     (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 this chapter and of the marketing order.

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

     (h) Borrow money and incur indebtedness.

     (i) Make necessary disbursements for routine operating expenses.

     (j) Such other powers and duties that are necessary to carry out the purposes of this chapter.

     (k) 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 marketing order.

     (l) 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 thirty 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.

     (m) To accept and receive gifts and grants from private persons or private and public agencies and expend same.

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

     (o) 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.

     (p) To enter into contracts or agreements for research in the production, irrigation, processing, transportation, marketing, use, or distribution of barley.

     (q) 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.

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

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

     (t) 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.

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

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

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

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

     (y) 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.

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

     (8) Procedure for commission.

     (a) The commission shall, 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 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 barley commission at least ten days prior to the meeting, through the regular news media.

     (d) The commission shall establish by resolution, the time, place and manner of calling 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 board. Notice for special meetings shall be in compliance with chapter 42.30 RCW.

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

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

     (g) No members of the commission shall receive any salary or other compensation from the commission, except that each member shall receive an amount not to exceed the amount specified in RCW 43.03.230 as it exists now or as hereafter amended, for each day spent in 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 allowed by RCW 43.03.050 and 43.03.060. The commission may adopt by resolution provisions for reimbursement of actual expenses incurred by members of the commission in carrying out the provisions of this marketing order pursuant to RCW 15.66.130.



[Statutory Authority: RCW 15.66.030, 15.66.053, 15.66.055, and chapter 34.05 RCW. 04-16-026, § 16-530-020, filed 7/26/04, effective 8/26/04. Statutory Authority: Chapter 15.66 RCW. 85-11-089 (Order 1857), § 16-530-020, filed 5/22/85, effective 7/1/85.]