Prior to the issuance of any marketing agreement or order, the director may require
the applicants therefor to deposit with him or her such amount of money as the director
may deem necessary to defray the expenses of preparing and making effective such agreement
(1) A commodity board shall reimburse the department for expenses incurred by the
department when a commodity board petitions the director to amend or terminate a marketing
order or agreement and for other services provided by the department under this chapter. The department shall provide to a commodity board an estimate of expenses that may
be incurred to amend or terminate a marketing order or agreement prior to any services
(2) Petitioners who are not a majority of a commodity board, and who file a petition
with the director to issue, amend, or terminate a marketing order or agreement, shall
deposit funds with the director to pay for expenses incurred by the department, under
rules adopted by the director.
(3) A commodity board shall reimburse petitioners the amount paid to the department
under the following circumstances:
(a) If the petition is to issue a marketing order or agreement, the commodity board
shall reimburse the petitioners the amount expended by the department when funds become
available after establishment of the commodity board; or
(b) If the petition is to amend or terminate a marketing order or agreement and the
proposal is assented to by the affected parties or affected producers, the commodity
board shall reimburse the petitioners within thirty days of the referendum.
(4) If for any reason a proceeding is discontinued, the commodity board or petitioners,
whichever is applicable, shall only reimburse the department for expenses incurred
by the department up until the time the proceeding is discontinued.
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