RS 3:3510 Notice, reports, and hearing - Louisiana Statutes

§3510.  Notice, reports, and hearing

A.  If the commissioner has reason to believe that the issuance of a marketing order or amendments to an existing marketing order will tend to effectuate the policy of this Part, he shall give notice of not less than thirty days for a public hearing upon a proposed marketing order of such amendments to such existing market order.  In an emergency situation, the commissioner may, upon citing the nature of the emergency in the notice, give less than thirty days notice.

B.  The commissioner shall also mail a copy of such notice of hearing and a copy of such proposed marketing order or proposed amendment to every producer or handler of such commodity whose name and address appears upon lists of such persons, on file in the department that may be directly affected by the provisions of such proposed marketing order or such proposed amendments.

C.  The notice of hearing shall set forth all of the following:

(1)  The date and place of the hearing.

(2)  The commodity and the terms which are covered by such proposed marketing order or such proposed amendments.

(3)  A statement that the commissioner will receive, at such hearing, in addition to testimony and evidence as set forth in Section 552.11, testimony and evidence with respect to the accuracy and sufficiency of lists on file with the commissioner which show the names and addresses of producers or handlers of such commodity that are directly affected by such proposed marketing order or proposed amendments, and the quantities of such commodity which were delivered by such producers to handlers, or handled by such handlers, in the marketing season preceding such hearing.

D.  To provide the commissioner with accurate and reliable information regarding the persons that may be directly affected by the provisions of any proposed marketing order for any commodity, the commissioner shall notify all handlers to file with the commissioner within fifteen days from the last date of such notice, a report which shows all of the following:

(1)  The correct name and address of such handler.

(2)  The quantities of the commodity that are affected by such proposed marketing order which were handled by such handler in the previous marketing season.

(3)  The correct name and address of every producer of such commodity, that may be directly affected by such proposed marketing order, from whom such handler received such commodity in the previous marketing season.

(4)  The quantities of such commodity which were received by such handler from each such producer in the previous marketing season.

E.  The commissioner shall mail a copy of such notice to file such report to every handler of such commodity whose name and address is on file in the department.

F.  Each handler of such commodity that may be directly affected by the provisions of such proposed marketing order shall file such verified report with the commissioner within the time which is specified in Subsection D.  Failure or refusal of any handler to file the report within the time which is specified does not invalidate any proceeding which is taken or marketing order which is issued pursuant to this Part.  The commissioner shall proceed upon the basis of such information and reports as may otherwise be available.

G.  From the reports which are filed and the information which is received or available to the commissioner, the commissioner shall prepare a list of the names and addresses of the producers and the volume of such commodity which was produced or marketed by all such producers and a list of the names and addresses of such handlers and the volume of such commodity which was handled by handlers, that are directly affected by the provisions of proposed marketing order.  Such lists shall constitute complete and conclusive lists for use in any finding, and findings are conclusive.

H.  In the preparation of the list, the commissioner shall omit from such list the name of any person that makes only casual sales of the product incidental to urban home ownership, or the result of activity other than a commercial farm or business venture.  Any person that is excluded from such list is not subject to the provisions, including the payment of any assessments, which are applicable upon producers, or handlers, as prescribed in any such marketing order or marketing agreement.

I.  The information which is contained in the individual reports of handlers which are filed with the commissioner shall not be made public by the commissioner in such form but the information which is contained in such reports may be prepared in combined form for use by the commissioner, his agents, or other interested persons, in the formulation, administration, and enforcement of a marketing order, or may be made available to anyone for private purposes.

J.  The hearing on a proposed marketing order or proposed amendments shall be public and all testimony shall be received under oath.  A full and complete record of all proceedings at such hearing shall be made and maintained on file in the office of the commissioner.

K.  At the hearing, the commissioner shall receive, in addition to other necessary or relevant matters, evidence upon all of the following:

(1)  The matters which are set forth in Section 552.11.

(2)  The accuracy and sufficiency of the official producer and/or handler lists on file with the commissioner.

(3)  The quantity of such commodity which was delivered by such producers or handled by such handlers in the marketing season previous to such hearing.

L.  At any public hearing which is held in connection with the formulation or amendment of a marketing order or marketing agreement, the commissioner shall receive testimony with respect to the establishment of the official producer or handler list which is applicable.

M.  If the commissioner finds that a referendum shall be had, he shall direct that a referendum be held in accordance with the provisions of Subsection A, B, C, D, and E of Section 552.16, inclusive.

Added by Acts 1978, No. 500, §1; Acts 2009, No. 24, §8J, eff. June 12, 2009.