Commission Make-Up, Terms, Qualifications, Removal From Office

Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015








Number of Commissioners and Terms
The Oregon Raspberry and Blackberry Commission will consist of nine commissioners appointed by the Director of the Oregon Department of Agriculture for a term or three years or, if for a term following a prior term for that person, ending three years from the date of expiration of any prior term. No commissioner will serve for more than two consecutive full terms of office.
Stat. Auth.: 2003 OL Ch. 604, ORS 576

Stats. Implemented: 2003 OL Ch. 604, ORS 576

Hist.: ORBC 1-2004, f. & cert. ef. 1-15-04
Qualifications of Commissioners
(1) For purposes of this rule:
(a) A "producer" is a person growing or producing within this state or procuring within the state, its rivers or the offshore waters, but not the Columbia River, for commercial handling within the state, a commodity for market, or receiving a share thereof as landowner, landlord, tenant, sharecropper, boat skipper or otherwise. A producer must have paid the commission assessment, if any, on the commodity in each of the preceding three calendar years.
(b) A "handler" is any producer, processor, distributor or other person engaged in handling or marketing of or dealing in the commodity, whether as owner, agent, employee, broker or otherwise. A handler must have collected the commission assessment, if any, each of the preceding three calendar years.
(2) Members of the Oregon Raspberry and Blackberry Commission will have the following qualifications, which will continue during the term of office of the member:
(a) One member of the commission will be a member of the public with an active interest in the positive economic development, production and/or marketing of the commodity, but who is not associated with the production or handling of caneberries;
(b) A majority of the members will be producers;
(c) Two members will be handlers;
(d) All members who are not a handlers or the public member will be producers.
Stat. Auth.: 2003 OL Ch. 604, ORS 576

Stats. Implemented: 2003 OL Ch. 604, ORS 576

Hist.: ORBC 1-2004, f. & cert. ef. 1-15-04
Removal of Commissioners
The Commission may recommend that the Director of the Department of Agriculture remove a commissioner from office, and declare the position vacant for cause, including the following reasons:
(1) Two consecutive unexcused absences, or other neglect of duty in office;
(2) Use of the commission appointment for financial gain or to avoid financial detriment;
(3) Unauthorized use or disclosure of confidential information;
(4) Conduct in violation of Oregon government standards and practices laws;
(5) Misappropriation or misuse of commission funds;
(6) Failure to satisfy one or more qualifications for appointment.;
(7) Not working for the positive economic benefit of the commodity;
(8) Inefficiency; or
(9) Misconduct.
Stat. Auth.: 2003 OL Ch. 604, ORS 576

Stats. Implemented: 2003 OL Ch. 604, ORS 576

Hist.: ORBC 1-2004, f. & cert. ef. 1-15-04
Chair and Other Officers
(1) Annually, at the last regular meeting
of the Commission at the end of the fiscal year, the Oregon Raspberry and Blackberry
Commission will elect from its members a Chair, Vice Chair, and a Secretary-Treasurer
who will serve until their successors are elected and qualified. The Chair, Vice
Chair or Secretary-Treasurer may resign as such or may be removed from that position
by vote of five or majority of the Commissioners. If the Chair, Vice Chair or Secretary-Treasurer
ceases to be a Commissioner, the office will be vacant and a successor will be elected
at the next regular meeting of the Commission.
(2) The Chair will preside
over all meetings, call special meetings, and generally supervise the business affairs
of the commodity commission committees.
(3) The Vice Chair will act
in lieu of the Chair when the Chair is unable to perform the duties of the office
of Chair or while the office is vacant. Under normal circumstances, the Vice Chair
assists in the completion of the duties of the Chair.
(4) The Secretary-Treasurer
of the commission acts as custodian of all the monies, property, securities, fidelity
bonds, and the books, records, and accounts maintained by the commodity commission.
This officer is also responsible for promptly depositing all monies and securities
of the commission into the appropriate banking institutions. These duties may be
delegated to the administrator. In the absence of the Chair or Vice Chair, the Secretary-Treasurer
may perform his or her duties.
Stat. Auth.: ORS 576
Stats. Implemented: ORS 576.285
Hist.: ORBC 1-2004, f. &
cert. ef. 1-15-04; ORBC 1-2013, f. & cert. ef. 7-16-13

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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