SECTIONS 74750-74768 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 74750-74768

74750. The powers and duties of the commission include, but are not
limited to, all of those contained in this article.

74751. The commission may adopt, amend, and repeal regulations and
operating procedures necessary to carry out this chapter, including
regulations governing appeals from actions taken by the commission
pursuant to any of its regulations or operating procedures.

74752. The commission may administer and enforce this chapter and
perform all acts and exercise all powers incidental to, or in
connection with, or deemed reasonably necessary for, the proper or
advisable effectuation of this chapter.

74753. The commission may appoint its own officers, including a
chairperson, one or more vice chairpersons, and other officers as it
deems necessary. The officers have the powers and duties delegated to
them by the commission.

74754. The commission may employ a person to serve at the pleasure
of the commission as president and chief executive officer of the
commission, and other personnel, including legal counsel, necessary
to carry out this chapter.
The commission may retain a management firm or the staff from any
board, commission, or agency of the state or federal government to
perform the functions prescribed by this section under the control of
the commission. If any person employed by the commission engages in
any conduct that the director determines is not in the public
interest or that is in violation of this chapter, the director shall
notify the commission of the conduct and request that corrective and,
if appropriate, disciplinary action be taken by the commission. If
the commission fails or refuses to correct the situation or to take
disciplinary action satisfactory to the director, the director may
suspend or discharge the person.

74755. The commission may fix the compensation for all employees of
the commission.

74756. The commission may appoint committees composed of both board
members and nonmembers of the commission to advise the commission in
carrying out this chapter.

74757. The commission may establish offices and incur expenses,
enter into any and all contracts and agreements, create liabilities,
and borrow funds in advance of receipt of assessments as may be
necessary, in the opinion of the commission, for the proper
administration and enforcement of this chapter and the performance of
its duties.

74758. The commission shall keep accurate books, records, and
accounts of all its dealings, which shall be subject to an annual
audit by an auditing firm selected by the commission with the
concurrence of the director. A summary of the audit shall be reported
to all grape rootstock nurseries and a copy of the summary shall
also be submitted to the department. In addition, the director may,
as he or she determines necessary, conduct or cause to be conducted a
fiscal and compliance audit of the commission.

74759. The commission may present facts to, and negotiate with,
state, federal, and foreign agencies on matters that affect this
chapter, to the extent permitted by federal law.

74760. The commission may make, in its name, contracts to receive
or render services in formulating and conducting plans and programs
and any other contracts or agreements that the commission deems
necessary for carrying out this chapter.

74761. The commission may conduct, and contract with others to
conduct, production research, including the study, analysis,
accumulation, and dissemination of information obtained from that
research or otherwise, regarding this chapter.

74762. The commission may accept contributions or matching private,
state, or federal funds, and employ or make contributions of funds
to other persons or state or federal agencies, for purposes of
carrying out this chapter.

74763. The commission may publish and distribute, without charge,
bulletins or other communications for the dissemination of
information to grape rootstock nurseries.

74764. The commission shall establish an assessment rate to defray
the operating costs of the commission.

74765. The commission shall adopt an annual budget according to
accepted accounting practices. The director shall concur in the
adoption of the budget prior to the encumbrance of funds, except for
encumbrances necessary to pay the compensation of employees of the
commission.

74766. The commission shall submit to the director, for his or her
concurrence, an annual statement of contemplated activities
authorized pursuant to this chapter.

74767. All proprietary information obtained by the commission or
the secretary from any source, including all lists of grape rootstock
nurseries, shall be confidential and shall not be disclosed except
when required by a court order after a hearing in a judicial
proceeding involving this chapter. Information on volume shipments,
crop value, and any other related information required for reports to
governmental agencies, financial reports to the commission, or
aggregate sales and inventory information, and any other information
that gives only totals, but excludes individual information, may be
disclosed by the commission.

74768. The commission may investigate and prosecute civil
violations of this chapter and file complaints with appropriate law
enforcement agencies or officers for suspected criminal violations of
this chapter.