SECTIONS 78245-78263 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 78245-78263

78245. The powers and duties of the commission include, but are not
limited to, all of those specified in this article.

78246. 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.

78247. 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.

78248. 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.

78249. 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 secretary determines is not in the public
interest or that is in violation of this chapter, the secretary 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 secretary, the secretary
may suspend or discharge the person.

78250. The commission may fix the compensation for all employees of
the commission.

78251. The commission may appoint committees composed of both
members and nonmembers of the commission to advise the commission in
carrying out this chapter.

78252. The commission may establish offices and incur expenses,
enter into any and all contracts and agreements, create liabilities,
borrow funds in advance of receipt of assessments, and repay
producers for costs incurred during the initial formation of the
commission, 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.

78253. The commission shall keep accurate books, records, and
accounts of all its dealings that shall be subject to an annual audit
by an auditing firm selected by the commission with the concurrence
of the secretary. A summary of the audit shall be reported to all
producers, and a copy of the summary shall also be submitted to the
department. In addition, the secretary may, as he or she determines
necessary, conduct or cause to be conducted a fiscal and compliance
audit of the commission.

78254. The commission may present facts to, and negotiate with,
state, federal, and foreign agencies on matters which affect this
chapter, to the extent permitted by federal law.

78255. 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.

78256. The commission may conduct, and contract with others to
conduct, any of the following:
(a) Programs for the development, maintenance, and expansion of
foreign and domestic markets, including initiating and participating
in trade and tariff related hearings and proceedings.
(b) Programs for promotion of asparagus sales, including marketing
research and advertising and promotion.
(c) Programs for production and processing research.
(d) Any other programs or actions in furtherance of the production
and sale of asparagus.

78257. 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 this
chapter.

78258. The commission may publish and distribute, without charge,
bulletins and other communications for the dissemination of
information to producers.

78259. The commission shall establish an assessment rate to defray
the operating costs of the commission.

78260. The commission shall adopt an annual budget according to
accepted accounting practices. The secretary 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.

78261. The commission shall annually prepare and submit to the
secretary, for his or her concurrence, a statement of contemplated
activities authorized pursuant to this chapter.

78262. The commission and the secretary shall keep confidential and
shall not disclose, except when required by a court order after a
hearing in a judicial proceeding involving this chapter and except as
otherwise provided in subdivision (c) of Section 78270, all lists of
producers in their possession.

78263. 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.