Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 700 - ORGANIZATIONAL CHART, DESCRIPTION, RULEMAKING PROCEDURE, AND PROGRAMS › Subpart G - RULEMAKING FLOW CHARTS › Appendix D - Marketing Program For Illinois Soybeans and Soybean Products

Current through Register Vol. 48, No. 28, July 12, 2024
ARTICLE I
PURPOSE:
This program is developed to enable Illinois soybean
				  producers to coordinate more effectively the maintenance and development of
				  markets for soybeans and soybean products; to provide for the needed production
				  and utilization research; to develop new uses for soybeans and soybean
				  products; and to provide for more efficient and economical production.
To accomplish this objective, it is essential to provide
				  procedures for the development of new and larger markets for soybeans; to
				  provide procedures to engage in research directed toward more efficient
				  utilization and production of soybeans; to provide procedures to support
				  world-wide market development programs and cooperate with other states,
				  organizations, agencies, and persons in market development, market information,
				  and research programs; and to provide procedures to elect an initial producer
				  board and its successors to operate this program.
ARTICLE II
AUTHORITY:
This marketing program for Illinois soybeans, its procedures,
				  and regulations, is established pursuant to the Soybean Marketing Act,
				  505 ILCS
				  130/1 et. seq.
ARTICLE III
PROGRAM EXTENT:
All producers of soybeans in Illinois are qualified to
				  participate and all soybeans sold to a first purchaser are subject to the
				  program.
ARTICLE IV
DEFINITIONS:
Terms used in this marketing program shall be defined in the
				  Act and as follows unless context clearly requires otherwise:
(a) "Act" means the Soybean Marketing Act, 505
				  ILCS 130/1 et. seq.
(b) "Soybean" means and includes all kinds of
				  varieties of soybeans grown in this State and marketed and sold as soybeans by
				  the producer.
(c) "Person" means any natural person,
				  partnership, corporation, society, association, representative or other
				  fiduciary.
(d) "Producer" means any person engaged in this
				  State in the business of producing and marketing soybeans and who is affected
				  by this program by virtue of having the first right of ownership in any
				  soybeans for which payment is received at the first point of sale.
(e) "First Purchaser" means any person who resells
				  soybeans purchased from a producer or offers for sale any product produced from
				  such soybeans for any purpose.
(f) "Market Development" means to engage in
				  research and educational programs directed toward better and more efficient
				  utilization of soybeans; to provide methods and means for the maintenance of
				  present markets; for the development of new and larger domestic and foreign
				  markets.
(g) "Marketing Program" means any program
				  established under this Act which prescribes rules, regulations and procedures
				  for the development of markets for soybeans and soybean products.
(h) "Program Operating Board" means the board
				  established by any marketing program to administer such programs. Also referred
				  to as "Board".
(i) "Director" means the Director of the
				  Department of Agriculture of the State of Illinois.
(j) "Department" means the Department of
				  Agriculture of the State of Illinois.
(k) "Bushel" means 60 pounds of soybeans by
				  weight.
(l) "District" means the geographical divisions of
				  the State established pursuant to this marketing program.
(m) "Sale" or "Sold" means a transaction wherein
				  the property in or to soybeans is transferred from the producer to a first
				  purchaser for consideration.
(n) "Eligible Voter" means one who is defined both
				  as a person and as a producer in this program.
(o) "Affected Producers" means any person defined
				  as a producer in this program who is subject to the assessment.
ARTICLE V
PROGRAM OPERATING BOARD:
Section 1. Establishment and Membership.
A program operating board is hereby established with powers
				  and duties as authorized pursuant to the Act and this program. The Program
				  Operating Board shall consist of one member elected from each of the
				  representative districts as established by Section 2 of this Article and 6
				  at-large members elected without respect to representative district. One
				  individual may not serve as a representative of a district and as an at-large
				  member at the same time.
Section 2. Representative Districts.
For the purpose of nomination and election of members to the
				  Board, the territory of the State of Illinois shall be divided into 18
				  representative districts as follows:
District 1: Jo Daviess, Stephenson, Winnebago,
				  Boone, Carroll, Ogle, DeKalb, and Lee Counties.
District 2: McHenry, Lake, Kane, Cook, DuPage,
				  Will, and Kankakee Counties.
District 3: Whiteside, Rock Island, Henry, Mercer,
				  Henderson, Stark, and Warren Counties.
District 4: Bureau, LaSalle, Grundy, and Kendall
				  Counties.
District 5: Knox, Peoria, Marshall, Putnam, Fulton
				  and Tazewell Counties.
District 6: Woodford, Livingston and McLean
				  Counties.
District 7: Ford, Iroquois, and Vermilion
				  Counties.
District 8: Hancock, McDonough, Adams, Brown, and
				  Schuyler Counties.
District 9: Mason, Logan, Cass, Menard, Morgan,
				  and Sangamon Counties.
District 10: DeWitt, Macon, Christian, Moultrie,
				  and Shelby Counties.
District 11: Piatt, Champaign, Douglas, Edgar, and
				  Coles Counties.
District 12: Pike, Scott, Calhoun, Greene,
				  Macoupin, and Jersey Counties.
District 13: Montgomery, Bond, Fayette, and Marion
				  Counties.
District 14: Cumberland, Clark, Effingham, Jasper,
				  and Crawford Counties.
District 15: Madison, Monroe, St. Clair, and
				  Clinton Counties.
District 16: Clay, Richland, Lawrence, Wayne,
				  Edwards, White, and Wabash Counties.
District 17: Randolph, Washington, Jefferson,
				  Perry, and Jackson Counties.
District 18: Franklin, Hamilton, Williamson,
				  Saline, Gallatin, Union, Johnson, Pope, Hardin, Alexander, Pulaski, and Massac
				  Counties.
Section 3. Board Membership Qualifications.
Board members shall be residents of the State of Illinois, of
				  legal voting age, and be subject to the program. Board members shall be
				  affected producers of soybeans in this State subject to the assessment in the
				  district in and for which they are nominated and elected. The qualification of
				  members as set forth herein must continue during their term of office or their
				  office shall be declared vacant.
Section 4. Term of Office.
The term of office of a board member shall be three years or
				  until his successor is elected and qualified, except as provided in Section 5
				  of this Article.
A term of office shall terminate on July
				  31st of the year in which the board member's office
				  expires.
No producer shall serve as board member for more than two
				  consecutive three-year terms of office.
Section 5. Program Operating Board.
When the term of office expires, an election shall be held as
				  provided in this program and the Act to fill the vacancy. A special election
				  shall be held for the initial term of at-large board members on January 31,
				  2006, with those elected at-large board members serving until July 31, 2006.
				  Thereafter, the term of office for the at-large board members taking office on
				  August 1, 2006, shall be as follows: two terms shall expire July 31, 2007; two
				  terms shall expire July 31, 2008; and two terms shall expire July 31, 2009,
				  such terms to be determined by lot drawn at the annual meeting of the Board in
				  July 2006. When the term of office of an at-large board member expires, a
				  successor at-large member shall be nominated without respect to residence
				  district by a majority of the elected Board sitting in quorum as provided in
				  Section 6.C of this Article.
Section 6. Nominations.
A. Procedure for Nominating Candidates to the
				  Board for Representative Districts:
Each district having a vacancy on the board by an expiring
				  term shall hold an election to fill such vacancy. The election shall be held
				  during July of the year in which the vacancy exists. Any affected producer may
				  become a candidate from his district and have his name placed on the ballot for
				  which a vacancy exists if he files a petition with the Director containing the
				  signatures of 250 or 5 per cent, whichever less, of affected producers from his
				  district. Petitions to become a candidate for board member must be filed with
				  the Director by May 15th of the year in which the
				  election is to be held in that district. Notification to all affected producers
				  in the district where a vacancy exists shall be published in the official state
				  newspaper and made available to newspapers of general circulation in that
				  district and to all other news media in that district. Notification shall be
				  given no earlier than April 1st nor later than April
				  15th in the district where vacancy on the board will
				  occur. Petition for becoming a candidate shall be available at each principal
				  county office of the Cooperative Extension Service in the district where a
				  vacancy exists and upon request from the Director. Position of the candidates'
				  names on the ballot shall be determined by lot by a drawing by the Director.
				  Candidates shall be notified of the time and place where such drawing shall
				  occur. Voting shall be held at geographically located polling places throughout
				  the district.
B. Nomination and Election Procedures for Interim
				  At-Large Directors:
The initial six at-large directors will be nominated by a
				  majority of the Board sitting in a quorum and thereafter elected by a majority
				  of producers in attendance at the meeting of the Board to be held on January
				  31, 2006. Notification to all affected producers shall be published in the
				  official state newspaper and made available to newspapers of general
				  circulation and all other news media. Notification shall be given no earlier
				  than December 1 and no later than December 15. Any interested producer must
				  notify the Board of their desire to become a candidate for an at-large position
				  by sending the Board a letter of interest by certified mail (return receipt
				  requested) to the Board's office. The letter must be deposited in the U.S. mail
				  with postage prepaid and postmarked by no later than January 6, 2006.
The Executive Committee will serve as the Nominating
				  Committee and will review the applications for eligibility, interview the
				  candidates (if necessary), and make its recommendation of not more than three
				  candidates per open position to the Board. The Board must nominate not more
				  than three candidates for each at-large vacancy from the pool of candidates by
				  a majority vote of the Board sitting in quorum.
The names of all candidates will be placed on the ballot and
				  voting will take place until one individual receives a majority of the votes
				  cast. If any individual does not receive a majority of the votes cast, the
				  person receiving the lowest number of votes will be dropped from the ballot.
				  After an individual has been duly elected to an at-large position, voting will
				  begin again with the names of all the remaining candidates placed back on the
				  ballot. Voting will be held as previously described for each at-large
				  position.
The position of the nominees' names on the ballot shall be
				  determined by a drawing by the Board sitting in quorum at the January 31, 2006,
				  Board Meeting just prior to the election.
The six individuals elected on January 31, 2006, will serve
				  an interim term of January 31, 2006, through July 31, 2006. If any of these
				  individuals desire to continue to serve as an at-large Director beyond July 31,
				  2006, they must re-apply for such position. They must submit a letter of
				  interest by certified mail (return receipt requested) to the Board's office.
				  The letter must be deposited in the U.S. mail with postage prepaid and
				  postmarked by no later than March 15, 2006.
C. Nomination and Election Procedures for At-Large
				  Directors:
Any interested producer not a candidate under A above in the
				  same year may become a candidate for nomination as an at-large director. The
				  six at-large directors will be nominated by a majority of the Board sitting in
				  a quorum and thereafter elected by a majority of producers in attendance at the
				  annual meeting of the Board to be held on July 31. Notification to all affected
				  producers shall be published in the official state newspaper and made available
				  to newspapers of general circulation and all other news media. Notification
				  shall be given no earlier than February 1 and no later than February 15. Any
				  interested producer must notify the Board of their desire to become a candidate
				  for an at-large position by sending the Board a letter of interest by certified
				  mail (return receipt requested) to the Board's office. The letter must be
				  deposited in the U.S. mail with postage prepaid and postmarked by no later than
				  March 15th of the year in which the election is to
				  be held for an expiring at-large director term.
The Executive Committee will serve as the Nominating
				  Committee and will review the applications for eligibility, interview the
				  candidates (if necessary), and make its recommendation of not more than three
				  candidates per open position to the Board. The Board must nominate not more
				  than three candidates for each at-large vacancy from the pool of candidates by
				  a majority vote of the Board sitting in quorum.
The names of all candidates will be placed on the ballot and
				  voting will take place until one individual receives a majority of the votes
				  cast. If any individual does not receive a majority of the votes cast, the
				  person receiving the lowest number of votes will be dropped from the ballot.
				  After an individual has been duly elected to an at-large position, voting will
				  begin again with the names of all the remaining candidates placed back on the
				  ballot. Voting will be held as previously described for each vacant at-large
				  position.
The position of the nominees' names on the ballot shall be
				  determined by a drawing by the Board sitting in quorum at the March Board
				  Meeting. All nominees will be notified of the time and place of the
				  drawing.
Section 7.
A. Election of Initial At Large Members of Board.
The election of the initial At-Large Members of Board shall
				  be conducted by the Program Operating Board. Nominations shall be as set forth
				  in Section 6(B) of this Article. The elected board member shall take office
				  immediately after the election results are available. Each eligible voter shall
				  be entitled to one vote for each at-large position on the program operating
				  board.
The candidate from each at-large position receiving the
				  greatest number of votes in the election shall be that position's at-large
				  representative on the board. In case of a tie, the winner will be determined by
				  drawing. The elected board member will take office immediately upon approval of
				  the program.
B. Election of Board in Subsequent Years.
The election of board members in districts where a vacancy
				  occurs due to an expiring term shall be conducted by the program operating
				  board. Nominations shall be as set forth in Section 6(A) and 6(C) of the
				  program. The elected board member shall take office on August
				  1st of the year in which such board member is
				  elected, except as outlined in Section 5.
Section 8. Powers and Duties of the Board.
The board shall have the following powers and duties:
(a) to administer, enforce, direct, and control
				  provisions of this program as its administrative board pursuant to the
				  authority contained in the Act;
(b) to annually establish priorities and to
				  prepare and approve a budget consistent with estimated resources and scope of
				  the marketing program;
(c) to formulate and execute assessment
				  procedures, rates, methods of collection;
(d) to procure and evaluate data and information
				  necessary for the proper administration and operation of marketing
				  program;
(e) to employ personnel and contract for services
				  which are necessary for the proper operation of the marketing program;
(f) to authorize the expenditure of funds and the
				  contracting of expenditure to conduct proper activities of the program;
(g) to provide for an independent audit to be made
				  and be available to all program participants;
(h) to publish annually, upon completion of and at
				  the same time of the audit, an Activities and Financial Report and make
				  available to all affected producers;
(i) to elect a chairman, vice chairman, secretary
				  and treasurer and other such officers as it deems necessary;
(j) to take steps to insure that adequate bonds
				  are maintained and to insure adequate protection of funds;
(k) to confer and cooperate with legally
				  constituted authorities of other states and the United States;
(l) to accept donations, gifts, and other
				  properties to be used for program purposes;
(m) to receive and investigate or cause to be
				  investigated complaints and violations of this program and the Act and to take
				  such action as is necessary within its authority;
(n) to establish accounts in adequately protected
				  financial institution to receive, hold and disperse program monies;
(o) to approve and recommend desirable amendments
				  to the program;
(p) to establish procedure to refund to a producer
				  any assessment paid by such a producer if he requests such a refund; and
(q) to perform such other duties which may be
				  necessary to proper operation of the board.
Section 9. Limitation of Liability of Board Members and
				  Employees.
Obligations incurred by the board and any other liabilities
				  or claims against the board shall be enforced only against the assets of the
				  board in the same manner as if it were a corporation and no liability for the
				  debts or actions of the board shall exist against either the State of Illinois
				  or any subdivision or instrumentality thereof or against any board established
				  pursuant to the Act or the assets thereof or against any member, officer,
				  employee, or agent of the board in his individual capacity. The members of the
				  board, 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 which result in a violation of any law. No
				  such person or employee shall be held responsible individually for the act or
				  omission of any member of the board. The liability of the members of the board
				  shall be several and not joint and no members shall be liable for the default
				  of any other member.
Section 10. Board Vacancies.
Procedure for Filling:
Vacancies occurring on the board during an unexpired term of
				  office shall be filled by the board with an appointee who is a qualified
				  producer from the district affected by the vacancy, or in the case of an
				  at-large director without respect to representative district, as determined by
				  a majority vote of the board sitting in quorum. The appointee shall serve as
				  the district or at-large representative on the board for the unexpired
				  term.
Section 11. Board Compensation.
"All voting members of the program operating board are
				  entitled to actual and necessary travel and incidental expenses while attending
				  meetings of the board or while engaged in the performance of official
				  responsibilities as determined by the
				  board."1
1Quote from Section 12 of "An Act
				  in relation to Soybean Marketing Program", being Public Act No. 78-739,
				  approved September 11, 1973.
ARTICLE VI
REFERENDUMS AND ELECTIONS:
Section 1.
The Director shall hold referendums as they pertain to this
				  program as provided for in such Sections as 8, 10 and 13 of the Act.
All referendums shall be by a ballot cast at the local
				  Cooperative Extension Service office serving the area in which such eligible
				  voter resides, except as otherwise provided in this Article.
The initial program adoption referendum shall provide for the
				  question of adoption of the program with a place to vote "yes" or "no" and
				  shall also provide for the election of the initial members of the program
				  operating board. The referendum ballot used in each district will contain only
				  the name(s) of the candidate(s) for its district with space provided for a
				  write-in candidate.
Write-in votes shall be counted only for persons who have
				  filed notarized declarations of intent to be write-in candidates with the
				  Director not later than 5:00 p.m. on the Tuesday immediately preceding the
				  election.
Forms for the declaration of intent to be a write-in
				  candidate shall be supplied by the Director. Such declaration shall specify the
				  office for which the person seeks election as a write-in candidate.
A program or an amendment to a program is approved when a
				  majority of the statewide total of those voting in the referendum vote in favor
				  of such program or amendment to a program.
Section 2. Qualification to Vote.
Any person who is defined as a producer in this program shall
				  be entitled to one vote. Such eligible voter shall be required to sign an
				  affidavit for ballot declaring that such person is eligible to participate in
				  the program. Such eligible voter shall be entitled to vote only at the
				  principal office of the Cooperative Extension Service which serves the county
				  in which such eligible voter resides.
Eligible voters who reside outside the State of Illinois or
				  eligible voters within the State who cannot be physically present at the polls
				  on the day of any referendum held under this Article may request an absentee
				  ballot.
Section 3. Absentee Ballot.
The Director shall provide to any eligible voter an absentee
				  ballot upon request beginning thirty (30) days prior to the referendum for
				  approval of the initial program or any subsequent election of directors where a
				  vacancy exists. Any eligible voter requesting an absentee ballot shall be
				  required to file with the Director an affidavit swearing that such eligible
				  voter is eligible to vote on the initial referendum or in the election of board
				  members. Such affidavit shall be available upon request from the Director. All
				  absentee ballots and affidavits shall be returned to the Director at least two
				  (2) working days prior to any referendum or election.
Section 4. Election Judges.
The Director shall appoint a three-man committee to serve as
				  election judges and to count ballots and determine the results of the
				  referendum at the principal county office of the Cooperative Extension
				  Service.
Section 5. Teller Committee.
The Director shall appoint a teller committee to count
				  absentee ballots, canvass and certify results of referendums and elections of
				  district candidates.
ARTICLE VII
PROGRAM:
Section 1. Market Development, Promotion, and Public Relation
				  Programs.
The board, subject to the provisions of this program and the
				  Act, is authorized to contract with or make grants to any qualified
				  organizations, agencies, or persons for any market development and promotion
				  activities, education and public relations programs or market information
				  services which will result in the opening of new markets for soybeans and
				  soybean products, or which will result in the expansion of existing markets.
				  These activities may include, but not be necessarily limited to the
				  following:
(1) Preparation and dissemination of marketing
				  information to include supply information, demand information, quality
				  characteristics, and other facts concerning soybeans and soybean
				  products.
(2) Provide information to foreign feed
				  manufacturers and soy oil refiners for the purpose of expanding their use of
				  soybeans and soybean products.
(3) Work with U.S. agricultural attaches in
				  removing restrictive foreign regulations which limit markets for soybeans and
				  soybean products.
(4) Participate in trade fairs, exhibitions, food
				  shows, and other such activities for the purpose of developing markets.
Section 2. Research.
The board, subject to the provisions of this program and the
				  Act, is authorized to contract with or make grants to any qualified
				  organizations, agencies, or persons for any needed production, utilization,
				  distribution or handling research or survey studies related to soybeans and
				  their products which will result in improved efficiency and aid soybean
				  producers in maintaining present and any new and larger markets.
Such research and survey studies may include, but shall not
				  be necessarily limited to the following:
(1) Production research on such things as cultural
				  practices, pest and insect control, weed and disease control, soil and
				  fertility management, genetic research, plant pathology, micro biology, plant
				  physiology, collection of new germ plasma, etc.
(2) Improving techniques and methods for planting
				  and harvesting.
(3) Improving storage, handling, and drying
				  techniques.
(4) Investigating transportation problems
				  involving movement of soybeans to market.
(5) Utilization research such as developing new
				  uses of soybeans and soybean products for human food and nutrition, determine
				  chemical levels to protect soybean meal from rumen degradation in livestock
				  feed, and research on industrial oil products, etc.
Section 3. Educational Program.
The board is authorized to contract with or make grants to
				  any qualified organizations, agencies, or individuals for any educational
				  materials and educational programs pertaining to soybeans and their
				  products.
The educational program established pursuant to authority
				  shall emphasize the results of research, market development, and other programs
				  sponsored, supported, or otherwise implemented by or for the board.
ARTICLE VIII
ASSESSMENTS:
Section 1. Assessment Levied.
A. All assessments made and levied pursuant to the
				  provisions of the Act and the program shall be paid by the respective affected
				  producers who shall be liable therefore as provided by Sections 16, 16.1 and 20
				  of the Act. Assessments shall be made and levied on all soybeans grown outside
				  Illinois but sold to a first purchaser in Illinois.
B. Such assessments shall be 1/2 of 1% of the net
				  market price of soybeans produced and sold by the producer.
C. Such assessment shall be collected from the
				  affected producers by the first purchaser of soybeans and such first purchaser
				  shall deduct the full amount of assessment from total monies due to the
				  producer and shall account for, report on, and remit to the board all monies
				  collected. Such monies collected shall be remitted quarterly and shall be made
				  by the 15th of the month following the end of each
				  quarter. Such quarters shall end March 31, June 30, September 30, and December
				  31 of the year in which assessment is due. If remittance of assessment by first
				  purchaser is made by the 15th of the month following
				  the end of the quarter, such first purchaser making remittance shall be
				  entitled to retain two per cent (2 per cent) of such remittance due.
D. Any producer who shall sell, ship or otherwise
				  dispose of soybeans to a first purchaser or other person outside the
				  jurisdiction of this marketing program shall forthwith remit to the board the
				  full amount of the assessment due.
E. The board shall establish regulations and
				  procedures to insure the collection of such assessments as shall be due and
				  payable under this marketing program.
F. The board shall give reasonable notice to all
				  producers, processors, and handlers of all changes in regulations and
				  procedures and any amendments thereto for the collection of the assessment.
ARTICLE IX
RIGHT OF REFUND:
Section 1.
A. Any affected producer may request that each
				  assessment paid by him be refunded.
B. A refund shall be payable upon request. Such
				  request shall be made to the board not more than sixty (60) days after the
				  deduction has been made or not more than sixty (60) days after the remittance
				  has been made by the first purchaser.
C. The board shall establish regulations and
				  procedures to insure the refund of such assessment as are requested.
ARTICLE X
FUNDS:
Section 1.
The board shall deposit all monies collected pursuant to this
				  program in an account as established in Article V of this program. Expenses and
				  disbursements incurred and made pursuant to the Act and this program shall be
				  made by voucher, draft or check bearing the signature of the treasurer and one
				  other person designated by majority vote of the board, which person shall be
				  either a member or an employee of the board.
Section 2.
Monies collected by the board pursuant to the Act and this
				  program as assessments shall be used by the board only for the purpose of
				  paying for the costs or expenses arising in connection with carrying out the
				  purpose and provisions of the Act and this program.
ARTICLE XI
INFORMATION REPORTS:
All persons subject to this program and the Act shall make
				  and render such reports and furnish such information to the Director and the
				  board as may be necessary or required to effectuate the purposes thereof.
				  Information obtained by any person pursuant to this Article shall be
				  confidential and shall not be disclosed to any other person, save a person with
				  the right to obtain the same or any attorney employed by the board to give
				  legal advice thereon or by court order.
ARTICLE XII
RULES AND REGULATIONS:
Section 1.
A public hearing must be held on all rules and regulations
				  before they are adopted by the board or the Department. Public notice of such
				  hearings shall be in accordance with The Open Meetings Act,
				  5 ILCS 120/1
				  et.seq.
Section 2.
All rules and regulations adopted by the board pursuant to
				  the program shall be presented to the Director for approval. Rules and
				  regulations adopted by the board and approved by the Director and any rule and
				  regulation promulgated by the Director shall be filed in accordance with the
				  Illinois Administrative Procedure Act, 5 ILCS 100/1 et.seq.
Section 3.
All rules and regulations promulgated pursuant to the Act
				  shall be made available to those persons affected by this program and the
				  Act.
ARTICLE XIII
APPEALS:
Section 1.
Any person subject to this program may appeal to the board to
				  review any administrative decision. Any such appeal must be filed in writing
				  setting forth the facts upon which it is based.
Section 2.
Pending the disposition of any appeal set forth in Section 1
				  of this Article, the party shall abide by the decision unless the board shall
				  rule otherwise. The board shall, if the facts stated show reasonable grounds,
				  revise any order or decision upon which an appeal is taken.
ARTICLE XIV
A DEROGATION:
Nothing contained herein is or shall be construed to be in
				  derogation or in modification of the rights of the Director or of the State to
				  exercise any powers granted by the Act or otherwise, and in accordance with
				  such powers to act in the premises whenever such action is deemed
				  advisable.
ARTICLE XV
COOPERATION WITH OTHER AGENCIES:
The board, with the assistance of the Director and subject to
				  the provisions of the Act, is authorized to cooperate with agencies of the
				  United States government, the State of Illinois, and other states as deemed by
				  the board and the Director to be desirable and useful in effectuating the
				  purposes of this program and Act.
(1) Coordination and cooperation in promotion,
				  advertising, educational programs, informational programs, disease control and
				  research, marketing and transportation research, and any of the several areas
				  of authority authorized by the program and the Act.
(2) Coordination of purposes with other boards,
				  commissions, or any other marketing group in the State or other states, areas,
				  or foreign countries so long as such cooperation is in the best interest of the
				  soybean producers of Illinois.
ARTICLE XVI
EFFECTIVE TIME:
This marketing program and any amendments thereto shall
				  become effective immediately upon their being approved by referendum and shall
				  continue in effect for five (5) years and shall automatically be extended from
				  year to year unless a referendum for continued approval is requested by written
				  petition of no less than 2 per cent of soybean producers affected by the
				  program as published in the Illinois Agricultural Statistics Annual Farm Census
				  being published by the Illinois Cooperative Reporting Service. Such referendum
				  is to be held in accordance with Section 10 of the Act.
ARTICLE XVII
SEVERABILITY:
If any provision of the marketing program or the Act shall be
				  declared invalid, or the applicability thereof to any person, circumstance or
				  thing is held invalid, the validity of the remainder of this marketing program
				  or the Act or the applicability thereof to any person, circumstance or thing
				  shall not be affected.
ARTICLE XVIII
Section 1.
"All assessments on soybeans marketed are due and payable to
				  the board. Any due and payable assessment required under the provisions of any
				  program created under this Act constitutes a personal debt of every person so
				  assessed or who otherwise owes such assessment. Such assessment is due and
				  payable to the board when payment is stipulated in the program and called for
				  by the board. In the event any person fails to remit the full amount of such
				  due assessment or such other sum within 30 days after the due date, the person
				  owing such assessment shall be given an opportunity to present his case as
				  provided for in Section 22 of the Act. When established that the assessment is
				  correct, the board may add to the unpaid assessment or sum a penalty amount not
				  exceeding 10 per cent of the amount due to defray the cost of enforcing the
				  collection of the assessment or sum due. In the event of failure of a person to
				  remit any properly due assessment or sum, the board may bring civil action
				  against such person in the Circuit Court of any county for collection thereof,
				  together with the above additional specified 10 per cent penalty assessment and
				  court costs. Such action shall be tried and judgment rendered as in any other
				  cause of action for debts due and payable."2
Section 2.
"No person shall knowingly fail or refuse to comply with any
				  requirement of this Act where obligated to comply by a duly approved marketing
				  program. The board may institute any action which is necessary to enforce
				  compliance with this Act, any rule or regulation thereunder or any program
				  adopted pursuant to this Act. In addition to any other remedy provided by law
				  the board may petition for injunctive relief without being required to allege
				  or prove the absence of any other adequate remedy at law. Such action shall be
				  brought in the Circuit Court of any county.
Before the board may institute any proceedings under this
				  Act, the alleged violator shall first be given an opportunity to present his
				  views to the board as to why such proceedings should not be
				  instituted."3
2Quote from Section 20 of "An Act
				  in relation to Soybean Marketing Program", being Public Act No. 78-739,
				  approved September 11, 1973.
3Quote from Section 22 of "An Act
				  in relation to Soybean Marketing Program", being Public Act No. 78-739,
				  approved September 11, 1973.
Agency Note: Section 15 of the "Soybean Marketing Act"
					 [505 ILCS
					 130/15 ] requires any soybean marketing program that
					 is approved by Illinois soybean producers through referendum to be filed by the
					 Department of Agriculture as provided in Section 5-65 of the "Illinois
					 Administrative Procedure Act" [5 ILCS
					 100/5-65 ]. The filing of the adopted program is
					 exempt from the rulemaking requirements of Sections 5-35 and 5-40 of the
					 "Illinois Administrative Procedure Act" and the program is exempt from review
					 under Sections 5-100, 5-105, 5-110, 5-120, 5-125 and 5-130 of the "Illinois
					 Administrative Procedure Act". In 1974, a Marketing Program For Illinois
					 Soybeans and Soybean Products was approved through referendum. In 1988, an
					 amendment to Article VIII of the Marketing Program was added. On March 1, 1989,
					 Article VIII of the Marketing Program was
					 amended.