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Oregon Bulletin

August 1, 2013

Department of Agriculture, Oregon Potato Commission, Chapter 658

Rule Caption: Changes commissioner regional qualifications, also reduces waiting period to appoint new commissioner to unfilled position

Adm. Order No.: OPC 1-2013

Filed with Sec. of State: 7-3-2013

Certified to be Effective: 7-3-13

Notice Publication Date: 6-1-2013

Rules Amended: 658-030-0020

Subject: Potato production has declined in Malheur and Harney counties reducing the amount of representation needed in that region. Other counties have increased in production during the same time period necessitating an increase in representation. The decrease in one region and an increase in another facilitate a need for member qualification changes.

   Two changes are being made to the commission member qualifications. In section (3)(b), the number of commission appointments from the Malheur area is reduced from two to one and in section (3)(f) one at-large appointment from any of the major potato producing areas of the state is newly created.

   In section (4) the minimum time limit a position is vacant before appointing a person at large that may reside anywhere within the State, is being changed from one year to 30 days following reasonable efforts to recruit a member from a particular region.

   The commission does not expect any economic impact from these commissioner appointment qualification changes

Rules Coordinator: Jennifer Fletcher—(503) 239-4763

658-030-0020

Qualifications of Commissioners

(1) For purposes of this rule:

(a) A “producer” is a person growing or producing within this state or procuring within the state, its rivers or the offshore waters, but not the Columbia River, for commercial handling within the state, a commodity for market, or receiving a share thereof as landowner, landlord, tenant, sharecropper, boat skipper or otherwise. A producer must have paid the commission assessment on the commodity in each of the preceding three calendar years.

(b) A “handler” is any producer, processor, distributor or other person engaged in handling or marketing of or dealing in the commodity, whether as owner, agent, employee, broker or otherwise. A handler must have collected the commission assessment, if any, each of the preceding three calendar years.

(2) Members of the Potato Commission will have the following qualifications, which will continue during the term of office of the member:

(a) One member of the commission will be a member of the public with an active interest in the positive economic development, production and/or marketing of the commodity, but who is not associated with the production or handling of potatoes;

(b) A majority of the members will be producers;

(c) At least one member will be a handler;

(d) All members who are not a handler or the public member will be producers.

(3) In addition to the qualifications set forth in subsection (2) of this rule, the appointments shall be made so that each major potato-producing area of the state is represented as follows:

(a) Three from the Blue Mountain area, comprised of the counties of Baker, Union, Wallowa, Grant, Morrow and Umatilla.

(b) One from the area comprised of Malheur and Harney Counties.

(c) One from central Oregon, comprised of the counties of Crook, Deschutes, Gilliam, Sherman, Wasco, Wheeler and Jefferson.

(d) Two from the area comprised of Klamath, Coos, Curry, Douglas, Jackson, Josephine and Lake counties.

(e) One from the Willamette Valley area, comprised of the counties of Benton, Clackamas, Clatsop, Columbia, Hood River, Lincoln, Lane, Linn, Marion, Multnomah, Polk, Tillamook, Yamhill and Washington.

(f) One at-large member from any of the major potato-producing areas of the state.

(g) One as a member of the public.

(4) Notwithstanding subsection (3) of this section, if a position remains vacant for more than 30 days following reasonable efforts to recruit a member from a particular region, a person may be appointed at large and may reside anywhere within the State of Oregon. Once that person’s term expires and he or she is not reappointed, the position will again be subject to the geographic qualification requirements of subsection (3) of this section.

Stat. Auth.: 2003 OL Ch. 604 & ORS 576

Stats. Implemented: 2003 OL Ch. 604 & ORS 576

Hist.: OPC 1-2003, f. & cert. ef. 12-4-03; OPC 1-2013, f. & cert. ef. 7-3-13

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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