Section 143.04. Marketing board.

 

(1)   Membership.

(a) A corn marketing board consisting of 9 affected producers, one from each district, is established to administer this order. Board members shall reside in the district which they are elected to represent. Board members shall be nominated and elected as prescribed in s. 96.10 (1) , Stats. Notice of the secretary's decision for issuance of this marketing order shall contain a call for nominations for election of board members to initial terms of office. Nominations shall be filed not later than 45 days after the date of the secretary's call for nominations, and the election held within 60 days after approval of the marketing order by referendum. A call for nominations for subsequent election of affected producers to an expired term of office on the marketing board shall be made by the board not later than 90 days before expiration of the term, and nominations shall be filed not later than 60 days before the term of office expires. Elections to fill expired terms of office shall be held within 60 days prior to expiration of the terms of office. If no nominations are made by affected producers within the times specified, the secretary or marketing board may nominate affected producers for election.

(b) Affected producers residing in each district shall elect one affected producer from the district to serve on the marketing board. The nominee receiving the highest number of votes in the election in each district shall be the board member representing that district.

(2)   Term of office; removal; vacancies.

(a) In the initial election of marketing board members, the 3 board members receiving the highest number of votes shall hold office for a period of 3 years, the 3 board members receiving the fourth, fifth and sixth highest number of votes shall hold office for a period of 2 years, and the 3 board members receiving the lowest number of votes shall hold office for a period of one year.

(b) All other elections of affected producers to the marketing board, subsequent to the terms of office of the initial marketing board, shall be for a 3-year term.

(c) Each member of the marketing board shall continue to be an affected producer during the term of office. Failure of a member to continue as an affected producer shall create a vacancy on the marketing board.

(d) If a vacancy occurs for any reason, the marketing board shall appoint an affected producer as a successor to fill the unexpired term. The successor shall be from the same district in which the vacancy occurs.

(3)   Duties. The duties of the marketing board shall include the following:

(a) To adopt by-laws consistent with the articles of incorporation, ch. 96 , Stats. , and this order.

(b) To develop and maintain administrative services necessary for proper administration of this order.

(c) To protect the confidentiality of information obtained under this order relating to the businesses of individual producers or handlers.

(d) To develop and recommend to the secretary administrative rules related to this order.

(e) To receive, evaluate and report to the secretary complaints of violations of this order.

(f) To recommend to affected producers or to the secretary amendments to this order.

(g) To develop procedures for collecting assessments to cover expenses incurred in carrying out programs and the administration of this order.

(h) To collect such information and data as necessary for proper administration of this order.

(i) To determine how funds collected under this order are to be allocated.

(j) To annually prepare a statement on operations of this order, including an independently audited financial statement for the previous marketing year.

(k) To maintain a bond on its officers and employees in an amount of not less than 50% of the annual operating budget of this order.

History: Cr. Register, January, 1983, No. 325 , eff. 2-1-83.