(a) In the fifth year of operation of this chapter and every fifth year thereafter,
between January 1 and December 31, the secretary shall hold a public hearing, after
providing proper notice to all persons subject to this chapter and any other persons
or entities who have requested, in writing, notice of the hearing, to determine whether
the operation of this chapter should be continued. If the secretary finds after the hearing that a substantial question exists among
the persons assessed under this chapter regarding whether the operation of this chapter
should be continued, the secretary shall submit the chapter to a reapproval referendum
to be conducted among producers to determine whether the operations of this chapter
shall be reapproved and continued in effect.
(b) If the secretary finds after conducting a hearing that no substantial question
exists or, if a reapproval referendum is required, that a majority of the eligible
producers voting in the referendum voted in favor of continuing the operations of
this chapter, the secretary shall so certify and this chapter shall remain operative. If the secretary finds that a favorable vote has not been given, he or she shall
so certify and declare the operation of this chapter and the commission suspended
upon the expiration of the current marketing season. Thereupon, the operations of the commission shall be concluded and funds distributed
in the manner provided in Section 79704.
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