Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › MARKETING ORDERS › Chapter 16-561 - Washington red raspberry commission › Section 16-561-035 - Powers and duties of the board

Current through Register Vol. 24-14, July 15, 2024
The board shall have the following powers and duties
				  to:
(1) Administer, enforce, and
				control the provisions of this order as the designee of the director.
(2) Elect a chairman and such other officers
				as the board deems advisable.
(3)
				Employ and discharge at its discretion such personnel as the board determines
				necessary and proper to carry out the purpose of the order and effectuate the
				declared policies of chapter 15.65 RCW.
(4) Pay only from moneys collected as
				assessments or advances thereon the costs arising in connection with the
				formulation, issuance, administration, and enforcement of the order. Such
				expenses and costs may be paid by check, draft, or voucher in such form and in
				such manner and upon the signature of the person as the board may
				prescribe.
(5) Reimburse any
				applicant who has deposited with the director in order to defray the costs of
				formulating the order.
(6)
				Establish a "raspberry board marketing revolving fund" and such fund to be
				deposited in a bank or banks or financial institution or institutions, approved
				for the deposit of state funds, in which all money received by the board shall
				be deposited as often as advisable.
(7) Keep or cause to be kept in accordance
				with accepted standards of good accounting practice, accurate records of all
				assessments, paid outs, moneys, and other financial transactions made and done
				pursuant to this order. Such records, books, and accounts shall be audited
				subject to procedures and methods lawfully prescribed by the state auditor.
				Such books and accounts shall be closed as of the last day of each fiscal year.
				A copy of such audit shall be delivered within thirty days after the completion
				thereof to the governor, the director, the state auditor, and the
				board.
(8) Require a bond of all
				board members and employees of the board in a position of trust in the amount
				the board shall deem necessary. The premium for such bond or bonds shall be
				paid by the board from assessments collected. Such bond shall not be necessary
				if any such board member or employee is covered by any blanket bond covering
				officials or employees of the state of Washington.
(9) Prepare a budget or budgets covering
				anticipated income and expenses to be incurred in carrying out the provisions
				of the order during each fiscal year. The board, at least fifteen 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.
(10) Establish by
				resolution, a headquarters which shall continue as such unless and until so
				changed by the board. All records, books, and minutes of board meetings shall
				be kept at such headquarters.
(11)
				Adopt rules of a technical or administrative nature for the operation of the
				board, subject to the provisions of chapter 34.05 RCW (Administrative Procedure
				Act).
(12) Carry out the provisions
				of
				RCW
				15.65.510 covering the obtaining of
				information necessary to effectuate the provisions of chapters 16-561 WAC and
				15.65 RCW, along with the necessary authority and procedure for obtaining such
				information.
(13) Bring actions or
				proceedings upon joining the director as a party for specific performance,
				restraint, injunction, or mandatory injunction against any person who violates
				or refuses to perform the obligations or duties imposed upon him by chapter
				15.65 RCW or 16-561 WAC.
(14)
				Confer with and cooperate with the legally constituted authorities of other
				states and of the United States for the purpose of obtaining uniformity in the
				administration of federal and state marketing regulations, licenses,
				agreements, or orders.
(15)
				Authorize the members of a commodity board, or their agents or designees, to
				participate in federal or state hearings or other proceedings concerning
				regulation of the manufacture, distribution, sale, or use of any pesticide as
				defined by
				RCW
				15.58.030 or any agricultural chemical which
				is of use or potential use in producing the affected commodity, and may
				authorize the expenditure of commission funds for this purpose.
(16) Work cooperatively with other local,
				state, and federal agencies; universities; and national organizations for the
				purposes provided in this order.
(17) Enter into contracts or interagency
				agreements with any private or public agency, whether federal, state, or local.
				Personal service contracts must comply with chapter 39.26 RCW.
(18) Accept and expend or retain any gifts,
				bequests, contributions, or grants from private persons or private and public
				agencies.
(19) Enter into contracts
				or agreements for research in the production, irrigation, processing,
				transportation, marketing, use, or distribution of red raspberries.
(20) 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.
(21) Engage in appropriate fund-raising
				activities for the purpose of supporting activities authorized by this
				order.
(22) 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 red raspberries, including
				activities authorized under
				RCW
				42.17A.635, including the reporting of those
				activities to the public disclosure commission.
(23) 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 units of each producer's production pursuant to
				RCW
				15.65.295. This list may be compiled from
				information used to collect producer assessments for a three-year
				period.
(24) Maintain a list of the
				names and addresses of persons who handle red raspberries within the affected
				area and data on the amount of the red raspberries handled by each person
				pursuant to
				RCW
				15.65.295 for a minimum three-year
				period.
(25) Establish a foundation
				using commission funds as grant money for the purposes established in this
				marketing order.
(26) Acquire or
				own intellectual property rights, licenses, or patents and to collect royalties
				resulting from commission-funded research related to red raspberries.
(27) Submit for review and approval by the
				director of any new or amended marketing, including for the purposes required
				under
				RCW
				15.65.287.
(28) Carry out any other grant of authority
				or duty provided designees and not specifically set forth in this
				section.