SECTIONS 79441-79456 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 79441-79456

79441. (a) There is in the state government the California Nursery
Producers Commission. The commission shall be composed of 14
producers nominated and elected by and from producers, and one public
member.
(b) Eligible persons from within the respective districts shall
elect four producers from District 1, four producers from District 2,
and four producers from District 3. All eligible persons shall elect
two members at large.
(c) The public member shall be appointed to the commission by the
secretary from nominees recommended by the commission.
(d) The secretary and other appropriate individuals, as determined
by the commission, shall be ex officio members of the commission.

79442. (a) The secretary may require the commission to correct or
cease any existing activity or function that is determined by the
secretary not to be in the public interest or that is in violation of
this chapter.
(b) If the commission refuses or fails to cease those activities
or functions or to make the corrections as required by the secretary,
the secretary may, upon written notice, suspend all or a portion of
the activities or functions of the commission until the time that the
cessation or correction of activities or functions as required by
the secretary has been accomplished by the commission.
(c) Actions of the commission in violation of the written notice
are without legal force or effect. The secretary, 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 that are the subject of the written
notice.
(d) Upon service of the written notice, the secretary shall notify
the commission in writing of the specific acts that the secretary
determines are not in the public interest or are in violation of this
chapter, his or her reasons for requiring a cessation or correction
of specific existing or proposed activities or functions, and
recommendations that will make the activities or functions
acceptable.

79443. When the secretary is required to concur in a decision of
the commission, the secretary shall give his or her response to the
commission within 15 working days from notification of the decision.
The secretary shall set forth in writing with specificity the reasons
for any refusal to concur. The secretary's response may be a
requirement that additional information be provided.

79444. The commission shall reimburse the secretary for all
expenditures incurred by the secretary in carrying out his or her
duties and responsibilities pursuant to this chapter. However, a
court may, if it finds that the secretary acted arbitrarily or
capriciously in restricting the activities or functions of the
commission, relieve the commission of the responsibility for payment
of the secretary's legal costs with regard to that action.

79445. Except for ex officio members, an alternate for each member
shall be nominated and elected, and for the public member appointed,
in the same manner as the member. An alternate shall, in the absence
of the member for whom he or she is an alternate, serve in place of
the member and shall have, and be able to exercise, all the rights,
privileges, and powers of the member when serving on the commission.
In the event of a change in status making a member ineligible to
serve, or due to death, removal, resignation, or disqualification of
a member, the alternate shall act as a member of the commission for
the unexpired portion of the term.

79446. Except as provided in Section 79441, any vacancy on the
commission occurring by the failure of any person elected to or
serving on the commission as an alternate to continue in his or her
position due to a change in status making him or her ineligible to
serve, or due to death, removal, or resignation, shall be filled by
another eligible person for the unexpired portion of the term by a
majority vote of the members of the commission. The person shall
fulfill all the qualifications set forth in this article as required
for the person whose office he or she is to occupy.

79447. Any vacancy on the commission occurring by the failure of
the public member to continue in his or her position due to a change
in status making him or her ineligible to serve, or due to death,
removal, resignation, or disqualification, may be filled upon
appointment by the secretary, from nominees recommended by the
commission, of another eligible person for the unexpired portion of
the term. The person shall fulfill all the qualifications set forth
in this article as required for the member whose office he or she is
to occupy.

79448. Any producer member and his or her alternate on the
commission shall be an individual producer or an employee or
representative of a producer that has a financial interest in
producing nursery products or causing nursery products to be
produced. The qualifications of producer members and their alternates
shall be maintained during their entire term of office. The absence
of any producer member from two consecutive meetings or lapse in
qualifications shall be grounds for the commission to declare the
seat vacant.

79449. The public member and his or her alternate shall not have
any financial interest in the nursery industry. The public member and
his or her alternate shall have all the powers, rights, and
privileges of any other member or alternate, respectively, on the
commission, except that the public member and his or her alternate
member shall not have a vote on issues regarding the assessments
established pursuant to Article 6 (commencing with Section 79501).

79450. Commission members and alternates shall serve three-year
terms and until their successors are elected, and qualified, except,
that of the first members of the commission, one-third shall serve
one year, one-third shall serve two years, and one-third shall serve
three years. The determination of the term of each member shall be
made by lot. The public member and his or her alternate shall serve
three-year terms and until their successors are appointed and
qualified.

79451. The commission may sue and be sued regarding any matter
related to the purposes of this chapter and contract and be
contracted with.

79452. A majority of the members of the commission shall constitute
a quorum of the commission for the transaction of business. The vote
of a majority of the members present at a meeting at which there is
a quorum constitutes the act of the commission. The commission may
continue to transact business at a meeting at which a quorum is
initially present, notwithstanding the withdrawal of members,
provided any action is approved by the requisite majority of the
required quorum.

79453. The secretary or his or her representatives shall be
notified and may attend each meeting of the commission and any
committee meetings of the commission. However, the secretary or his
or her representative is not entitled to attend an executive session
of the commission or a committee of the commission called for the
purpose of discussing potential or actual litigation against the
department.

79454. No member or alternate of the commission or member of a
committee established by the commission who is a nonmember of the
commission shall receive a salary. Each member of the commission and
each alternate serving in place of a member, except ex officio
members who are officers or employees of a public agency, and each
member of a committee established by the commission who is a
nonmember of the commission, may receive reasonable and necessary
traveling expenses and meal allowances as approved 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.

79455. All funds received by any person from the assessments levied
under this chapter or otherwise received by the commission shall be
deposited in banks that the commission may designate and shall be
disbursed by order of the commission through an agent or agents as it
may designate for that purpose. The agent or agents shall be bonded
by a fidelity bond, executed by a surety company authorized to
transact business in this state, in favor of the commission, in an
amount of not less than twenty-five thousand dollars ($25,000).

79456. The state is not 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 are limited
to the funds collected by the commission. No member or alternate of
the commission, or any employee or agent thereof, is personally
liable for the contracts or other liabilities of the commission. No
member or alternate of the commission, or any employee or agent
thereof, is responsible individually in any way to any other person
for errors in judgment, mistakes, or other acts, either of commission
or omission, as principal, agent, or employee, except for his or her
own individual acts of dishonesty or crime. No member or alternate
of the commission, or any employee or agent thereof, is responsible
individually for any act or omission of any other member or alternate
of the commission, or any employee or agent thereof. No member or
alternate of the commission, or any employee or agent thereof, is
liable for the default of any other member or alternate of the
commission, or any employee or agent thereof.