Okla. Admin. Code § 35:40-3-51

Current through Vol. 42, No. 7, December 16, 2024

Section 35:40-3-51 - Certification of commodity organizations

(a)Application process.

(1) A non-profit organization prior to the petitioning process shall notify the Commissioner and complete an application form, which is provided by the Department.

(2) The application form shall include the name of a contact person representing the organization, address, date, commodity represented, date to initiate the petitioning process, estimated number of producers, volume of production, assessment rate and number of commodity board members.

(3) Upon the receipt of the application the Department shall provide, by mail, a petition form within fifteen (15) working days, including the minimum number of signatures required.

(b)Petitioning process.

(1) Upon receipt of the petition from the Department the organization shall have ninety (90) days to collect and submit the petition(s) bearing the original signatures back to the Department.

(2) A valid petition shall prompt the scheduling of a public hearing. The petition shall include at least twenty percent (20%) of the valid commodity producers in the state or at least two hundred (200) valid commodity producers, whichever is less.

(3) Within fifteen (15) days following the day on which a petition for certification is received, the Commissioner shall schedule a public hearing to consider the petition. The public hearing shall be scheduled no later than forty (40) days after the completed petition is received by the Department.

(4) If a petition is not accepted, for lack of valid signatures, the organization can not repetition the Department for one hundred twenty (120) days.

(c)Hearing process.

(1) A public hearing shall be conducted at a location designated by the hearing officer.

(2) A notice of the public hearing by the organization shall be published once in one or more statewide newspapers a minimum of one week prior to the public hearing.

(3) The hearing officer may deny the petition based upon findings of invalid signatures, invalid voters, or proof of additional producers requiring more petition signatures.

(4) Written statements shall be submitted to the hearing officer prior to the public hearing.

(5) Following the public hearing for the petition process the hearing officer shall submit a written recommendation to the Commissioner within thirty (30) days.

(6) The Commissioner shall certify to the organization or provide reasons of denial, in writing, within thirty (30) days to the organization.

Okla. Admin. Code § 35:40-3-51

Added at 17 Ok Reg 299, eff 11-2-99 (emergency); Added at 17 Ok Reg 2871, eff 7-13-00