Section 149.04. Potato industry board.

 

(1)   Membership. A potato industry board consisting of 9 affected producers, 3 each from districts 1 and 2, 2 from district 3, and one elected from the state at large, is established to administer this order. Board members shall reside in the district they are elected to represent, except that the member elected at large may reside anywhere in the state. Board members shall be nominated and elected as prescribed in s. 96.10 (1) , Stats., and s. ATCP 140.20 .

(2)   Term of office. All elections to the potato industry board shall be for 3-year terms. No reapportionment under s. ATCP 149.03 (2) may remove a potato industry board member from office during the member's term. If as a result of a reapportionment under s. ATCP 149.03 (2) a board member no longer resides in the district which that member was elected to represent, the member shall nevertheless continue to represent that district until his or her term expires.

(3)  Potato industry board members holding office on July 1, 2010, shall continue to serve until their terms of office expire. As those terms of office expire, the potato industry board shall hold elections for new board members according to subs. (4) to (7) .

(4)  In the first election held after July 1, 2010, one board member shall be elected from district 1, one board member shall be elected from district 2, and one board member shall be elected from district 3.

(5)  In the second election held after July 1, 2010, one board member shall be elected from district 1, one board member shall be elected from district 2, and one board member shall be elected from district 3.

(6)  In the third election held after the effective date of this rule, one board member shall be elected from district 1, one board member shall be elected from district 2, and one board member shall be elected at large.

(7)   Subsequent elections. Not later than 90 days prior to the expiration of a potato industry board member's term of office, the potato industry board shall issue a call for nominations for the election of the succeeding board member. Nominations shall be filed not later than 60 days before the potato industry board member's term of office expires. The election of a succeeding potato industry board member shall be held prior to the expiration of a potato industry board member's term of office. If no nominations are made by producers within the time specified in a call for nominations, the secretary or potato industry board may extend the time period within which nominations may be filed.

(8)   Eligibility to hold office; appointments to fill vacancies. If a potato industry board member ceases to be an affected producer at any time during his or her term in office, his or her position on the potato industry board becomes vacant. If a vacancy occurs on the potato industry board for any reason, the potato industry board shall appoint an affected producer to serve the remainder of the unexpired term.

(9)   Duties. The duties of the potato industry board shall include the following:

(a) To adopt bylaws 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 business 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 develop procedures for collecting assessments used in funding programs and the administration of this order.

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

(h) To determine how funds collected under the marketing order are to be allocated.

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

(j) 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.

(k) To comply with all applicable provisions of ch. 96 , Stats. , and ch. ATCP 140 .

History: Cr. Register, September, 1989, No. 405 , eff. 10-1-89; CR 09-023 : am. (1) and (2), renum. (3) to (5) to be (7) to (9), cr. (3) to (6) Register June 2010 No. 654 , eff. 7-1-10; correction in (3) made under s. 13.92 (4) (b) 7. , Stats., Register June 2010 No. 654 .