Commission Make-Up, Terms, Qualifications, Term Limits, 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 Strawberry Commission will
consist of seven 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.
Stat. Auth.: 2003 OL Ch. 604 & ORS
Stats. Implemented: 2003
OL Ch. 604 & ORS 576
Hist.: SBY 1-2004, f. &
cert. ef. 1-15-04; SBY 2-2013, f. & cert 7-16-13
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 Strawberry
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 strawberries;
(b) A majority of the members
will be producers;
(c) One member will be a handler;
(d) All members who are not
a handler or the public member will be producers.
(3) In addition to the qualifications
set forth in subsection (2) of this rule, members should be representative of all
growing areas.
Stat. Auth.: 2003 OL Ch. 604
& ORS 576

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

Hist.: SBY 1-2004, f. &
cert. ef. 1-15-04; SBY 2-2012, f. & cert. ef. 4-12-12
Removal of Commissioners
The Commission may make a recommendation to 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.: SBY 1-2004, f. & cert. ef. 1-15-04
Chair and Other Officers
(1) Annually, at the last regular meeting of the Commission before the end of the fiscal year, the Oregon Strawberry Commission will elect from its members a Chair, a Vice Chair and a Secretary/Treasurer who will serve until their successors are elected and qualified. The Chair or Vice Chair may resign as such or may be removed from that position by vote of four Commissioners. If the Chair or Vice Chair ceases to be a Commissioner, the office will be vacant and a successor will be elected at the next regular meeting of the Commission. The Chair will preside over all meetings, call special meetings, and generally supervise the business affairs of the commodity commission committees. 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. 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.: 2003 OL Ch. 604, ORS 576

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

Hist.: SBY 1-2004, f. & cert. ef. 1-15-04

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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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