SECTIONS 72051-72065 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 72051-72065

72051. There is in the state government the California Wheat
Commission. The commission shall be composed of 13 members who are
wheat producers and who are not handlers, two members who are
handlers, two at-large members, and one public member. The producers,
one from each district, shall be elected by and from producers
within the respective districts. The two handler members shall be
elected by and from handlers doing business within the state.
The at-large members and the public member shall be appointed to
the commission by the secretary from the nominees recommended by the
commission. Each at-large member shall be a person with knowledge,
expertise, and interest in wheat production, handling, research, or
any other attribute or attributes that are deemed by the secretary to
be of value to the purpose of the commission.
The secretary and other appropriate individuals as determined by
the commission shall be nonvoting ex officio members of the
commission.

72052. The director may require the commission to correct or cease
any existing activity or function which is determined by the director
not to be in the public interest or is in violation of this chapter.
If the commission refuses or fails to cease those activities or
functions or to make such corrections as required by the director,
the director may, upon written notice, suspend all or a portion of
the activities of the commission until that time that the cessation
or correction of activities or functions as required by the director
has been accomplished by the commission.
Actions of the commission in violation of that written notice
shall be without legal force or effect.
The director, to the extent feasible, shall issue the written
notice prior to the commission entering into any contractual
relationship affecting the existing or proposed activities or
functions which are the subject of the written notice.
Upon service of the written notice, the director shall notify the
commission, in writing, of the specific acts which he determines are
not in the public interest or are in violation of this chapter and
his reasons for requiring a cessation or correction of specific
activities or functions, and may make recommendations that will make
the activities or functions acceptable to the director.

72052.5. When the director is required to determine whether or not
to concur with a decision of the commission, he shall indicate his
response to the commission within 15 working days after notification
of the decision. The response may be a request that additional
information be provided.

72053. The commission or the director may bring an action for
judicial relief from the director's written notice, or from
noncompliance by the commission with the written notice, in a court
of competent jurisdiction, which may issue a temporary restraining
order, permanent injunction, or other applicable relief.

72054. The commission shall reimburse the director for all
expenditures incurred by the director in carrying out his duties and
responsibilities under this chapter. However, the court may, if it
finds that the director acted arbitrarily or capriciously in
restricting the activities or functions of the commission, relieve
the commission of the responsibility for payment of the director's
legal costs with regard to that action.

72055. Each member of the commission, except the ex officio
members, shall have an alternate member, to be elected in the same
manner as the member. An alternate member shall, in the absence of
the member for whom he is alternate, serve in place of the member on
the commission, and may exercise, all the rights, privileges, and
powers of the member when serving on the commission. In the event of
death, removal, resignation, or the disqualification of a member, the
alternate shall act as a member on the commission until a successor
is qualified and elected.

72056. Any vacancy on the commission occurring by the failure of
any person elected to the commission as a member or alternate member
to continue in his position due to a change in status making him
ineligible to serve, or due to death, removal, disqualification, or
resignation, shall be filled, for the unexpired portion of the term,
by a majority vote of the commission. However, the person shall
fulfill all the qualifications set forth in this article as required
for the member whose office he is to fill. Qualifications of any
person to fill a vacancy on the commission shall be certified, in
writing, to the director. The director shall notify the commission if
he or she determines that any such person is not qualified.

72057. A producer member and his or her alternate on the commission
shall be an individual, partner, or employee of a producer who has a
financial interest in producing, or causing to be produced, wheat
for market. Not more than two such members shall be persons employed
by, or connected in a proprietary capacity with, the same
corporation, firm, partnership, association, or business organization
and not more than one member in any one district shall be so
employed or connected. Qualification as a producer member shall
continue during the entire term of office.
A handler member and his or her alternate on the commission shall
be an individual, or a partner or employee of a handler, who has a
financial interest in handling wheat for market.
The public member or his alternate on the commission, shall have
all the powers, rights, and privileges of any other member on the
commission. The public member shall not have any financial interest
in the wheat industry.

72058. The term of office of all commissioners, except any ex
officio member, shall be for three years from the date of their
election and until their successors are qualified and elected.
However, of the first producer members of the commission, five shall
serve for one year, five shall serve for two years, and five shall
serve for three years, with the determination of term of each member
to be made by lot at the time of election. Terms of office of each
commissioner shall be limited to four consecutive terms, except that
any member selected to serve a one-year term or a two-year term may
serve one additional three-year term.

72059. The commission shall be and is hereby declared and created a
corporate body. It shall have the power to sue and be sued, to
contract and be contracted with, and to have and possess all of the
powers of a corporation. It may adopt a corporate seal. Copies of its
proceedings, records, and acts, when authenticated, shall be
admissible in evidence in all courts of the state, and shall be prima
facie evidence of the truth of all statements therein.

72060. A quorum of the commission shall be a majority of the
commissioners. Except as provided in Sections 72027 and 72133, the
vote of a majority of members present at a meeting at which there is
a quorum shall constitute the act of the commission.

72061. The director or his representatives shall be notified and
may attend each meeting of the commission and any committee meeting
of the commission.

72062. No commissioner or member of a committee established by the
commission who is a nonmember of the commission shall receive a
salary. Each commissioner, except the ex officio member, and each
member of a committee established by the commission who is a
nonmember of the commission may receive a sum of not to exceed one
hundred dollars ($100) per day, as established by the commission, for
each day spent in actual attendance at, or in traveling to and from,
meetings of the commission or committees of the commission, or on
special assignment for the commission, as approved by the commission,
together with the necessary traveling expenses and meal allowances,
as approved by the commission.

72063. All moneys received by any person from the assessments
levied under the authority of this chapter or otherwise received by
the commission, shall be deposited in such banks as the commission
may designate and shall be disbursed by order of the commission
through such agent or agents as it may designate for that purpose.
Any agent or agents shall be bonded by a fidelity bond, executed by a
surety company authorized to transact business as such in the State
of California, in favor of the commission, in the amount of not less
than twenty-five thousand dollars ($25,000).

72064. The commission shall defend any of its members against any
claims made or actions taken against any commission members on
matters in which the members acted on behalf of the commission.

72065. The state shall not be liable for the acts of the commission
or its contracts. Payments of all claims arising by reason of the
administration of this chapter or acts of the commission shall be
limited to the funds collected by the commission. No member of the
commission or alternate member, or any employee or agent thereof,
shall be personally liable on the contracts of the commission nor
shall a commissioner, alternate member, or employee of the commission
be responsible individually in any way to any producer, handler, or
any other person for error in judgment, mistakes, or other acts,
either of commission or omission, as principal, agent, or employee,
except for his own individual acts of dishonesty or crime. No
commissioner or alternate member shall be held responsible
individually for any act or omission of any member of the commission.
The liability of the commissioners shall be several and not joint,
and no commissioner shall be liable for the default of any other
commissioner.