Arizona Laws 3-425. Public meeting; notice; findings
A. At least five days but not more than twenty days after the application is filed with the department, the director, or the director’s designee, shall hold a public meeting. A notice shall be sent to all persons that may be affected by the proposed marketing agreement that states the time, date and place of the public meeting and that the department will receive evidence and testimony concerning the proposed marketing agreement. An official department list of affected persons does not have to be prepared.
Terms Used In Arizona Laws 3-425
- Affected commodity: means the specific citrus, fruit or vegetable that is regulated pursuant to article 2 or 4 of this chapter and that is subject to the marketing agreement or order or the proposed marketing agreement or order. See Arizona Laws 3-401
- agreement: means an agreement that is developed by producers or shippers of the affected commodity and that is entered into by the director pursuant to this article. See Arizona Laws 3-401
- Department: means the Arizona department of agriculture. See Arizona Laws 3-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- order: means an order that is developed by producers or shippers of the affected commodity and that is issued by the director pursuant to this article. See Arizona Laws 3-401
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
B. At the public meeting, the director, or the director’s designee, shall receive evidence and testimony concerning the proposed marketing agreement. The director may hold more than one meeting if the affected commodity is grown in more than one area of this state.
C. Based on testimony received at a public meeting, the director may recommend to the petitioners that the proposed marketing agreement be modified. If the petitioners make any substantial changes to the proposed marketing agreement after the public meeting, there must be at least one additional public meeting to receive evidence and testimony regarding the revised marketing agreement. If the petitioners make only technical changes to the proposed marketing agreement, no additional public meeting is required.
D. The director shall approve the marketing agreement if the director finds:
1. The same marketing agreement or marketing order program is not in effect for the affected commodity in the territory described by the proposed marketing agreement.
2. The marketing agreement complies with this article.
3. The signatories of the marketing agreement have sufficient monies to defray expenses of formation, administration and enforcement of the marketing agreement.
4. The marketing agreement is signed by all participants.