Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 140 - Marketing › Chapter ATCP 149 - Potato Marketing Order › Section ATCP 149.04 - Potato industry board

Current through June 24, 2024
(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) aboard 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.