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

Link to law:
Published: 2015

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









Number of Commissioners, Terms
The Oregon Dairy Products Commission will consist of eight (8) commissioners appointed by the Director of the Oregon Department of Agriculture for a term of three (3) years. No commissioner will serve for more than four (4) full consecutive terms of office. A person who serves four (4) consecutive terms is not eligible for appointment to another term on the board until at least one year after the expiration of the fourth consecutive term.
Stat. Auth.: 2003 OL Ch. 604 & ORS 576

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

Hist.: ODDC 1-2004, f. 1-2-04 cert. ef. 1-16-04; ODDC 1-2011, f. & cert. ef. 4-5-11
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 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 Dairy Products 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 dairy products;
(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, no more than three (3) members will be from any one of the districts listed in subsections (a) through (e). The districts and the number of producer members will be:
(a) Eastern Oregon: Malheur, Baker, Wallowa, Union, Grant, Harney, Deschutes, Crook, Jefferson, Hood River, Wasco, Morrow, Sherman, Gilliam and Umatilla counties -- one (1) producer member.
(b) Southern Oregon: Douglas, Josephine, Jackson, Klamath, Coos, Curry and West Douglas counties -- one (1) producer member.
(c) Willamette: Lane, Linn, Benton, Marion, Polk, and Yamhill counties -- one (1) producer member.
(d) North Willamette: Clackamas, Columbia, Multnomah, and Washington counties -- one (1) producer member.
(e) North Coast: Clatsop, Tillamook and Lincoln counties -- two (2) producer members.
(4) One (1) handler member will be appointed from any district.
(5) Notwithstanding subsection (3) of this section, if a position remains vacant for more than 90 days following reasonable efforts to recruit a member from a particular district, a person may be appointed at large and may reside anywhere within the State of Oregon. Once that person's term expires and he or she is not reappointed, the position will again be subject to the geographic qualification requirements of subsection (3) of this section.
Stat. Auth.: 2003 OL Ch. 604, ORS 576

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

Hist.: ODDC 1-2004, f. 1-2-04 cert. ef. 1-16-04
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) 2 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.
Stat. Auth.: 2003 OL Ch. 604, ORS 576

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

Hist.: ODDC 1-2004, f. 1-2-04 cert. ef. 1-16-04
Chair and Other Officers
Annually, at the first regular meeting of the Commission at the beginning of the new fiscal year, the 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 Commissioners. If the Chair or Vice Chair ceases to be a Commissioner, the office will be vacant and a successor will be selected at the next regular meeting of the Commission. The Chair will preside over all meetings of the Commission. 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.
Stat. Auth.: 2003 OL Ch. 604, ORS 576

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

Hist.: ODDC 1-2004, f. 1-2-04 cert. ef. 1-16-04

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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