|Passed by the House February 13, 2004|
Speaker of the House of Representatives
Passed by the Senate March 11, 2004
President of the Senate
I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2618 as passed by the House of Representatives and the Senate on the dates hereon set forth.
Governor of the State of Washington
Secretary of State
State of Washington
|State of Washington||58th Legislature||2004 Regular Session|
READ FIRST TIME 02/06/04.
AN ACT Relating to commodity commissions; and amending RCW 15.66.070, 15.66.080, and 15.66.090.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 15.66.070 and 2002 c 313 s 46 are each amended to read
(1) The substance of a petition received under RCW 15.66.050 shall be set out in detail and designated as the proposal. A copy of the proposal shall be mailed to all affected parties or producers based on the list provided for in RCW 15.66.060 or 15.66.143, as applicable, and shall be posted on the department's web site.
(2) Notice of a public hearing to issue, amend, or terminate a marketing order shall be published ((
once a week for four consecutive
weeks)) in the form of a legal notice for a period of two days in a
newspaper (( or newspapers, including a newspaper or newspapers)) of
general circulation within the affected areas, as the director may
prescribe(( , and shall be mailed to all affected parties or affected
producers)). The notice must also be posted on the department's web
site. The director shall mail a copy of the public hearing notice
along with a copy of the proposal as provided in subsection (1) of this
section to all affected parties or affected producers, as applicable,
who may be directly affected by the proposal and whose names and
addresses appear on the list compiled under this chapter. The mailing
must include the department's web site address along with a description
of the process for the issuance, amendment, or termination of a
marketing order, as applicable.
(2))) (3) At a public hearing the director shall receive
testimony offered in support of, or opposition to, the proposed
issuance of, amendment to, or termination of a marketing order and
concerning the terms, conditions, scope, and area thereof. Such
hearing shall be public and all testimony shall be received under oath.
A full and complete record of all proceedings at such hearings shall be
made and maintained on file in the office of the director, which file
shall be open to public inspection. The director shall base any
findings upon the testimony received at the hearing, together with any
other relevant facts available from official publications of
institutions of recognized standing. The director shall describe in
the findings such official publications upon which any finding is
(3))) (4) The director shall have the power to subpoena witnesses
and to issue subpoenas for the production of any books, records, or
documents of any kind.
(4))) (5) The superior court of the county in which any hearing
or proceeding may be had may compel the attendance of witnesses and the
production of records, papers, books, accounts, documents and testimony
as required by such subpoena. The director, in case of the refusal of
any witness to attest or testify or produce any papers required by the
subpoena, shall report to the superior court of the county in which the
proceeding is pending by petition setting forth that due notice has
been given of the time and place of attendance of the witness or the
production of the papers and that the witness has been summoned in the
manner prescribed in this chapter and that he or she has failed to
attend or produce the papers required by the subpoena at the hearing,
cause or proceeding specified in the subpoena, or has refused to answer
questions propounded to him or her in the course of such hearing,
cause, or proceeding, and shall ask an order of the court to compel a
witness to appear and testify before the director. The court upon such
petition shall enter an order directing the witness to appear before
the court at a time and place to be fixed in such order and then and
there to show cause why he or she has not responded to the subpoena.
A copy of the order shall be served upon the witness. If it appears to
the court that the subpoena was regularly issued, it shall enter an
order that the witness appear at the time and place fixed in the order
and testify or produce the required papers, and on failing to obey the
order the witness shall be dealt with as for contempt of court.
Sec. 2 RCW 15.66.080 and 1961 c 11 s 15.66.080 are each amended
to read as follows:
(1) The director shall make ((
and publish)) findings upon (( every))
material points controverted at the hearing and required by this
chapter and upon such other matters and things as he or she may deem
fitting and proper. (( He shall also issue a recommended decision based
upon his findings and shall cause copies of the findings and
recommended decision to be delivered or mailed to all parties of record
appearing at the hearing, or their attorneys of record.)) Based upon
those findings, the director shall make conclusions and develop and
issue a recommended decision. The findings, conclusions, and
recommended decision, and the full text of the proposal shall be posted
on the department's web site. For amendment and termination petitions,
the affected commission may include a link on its web site to the
department's web site.
(2) The recommended decision ((
shall contain the text in full of
any order, or amendment or termination of existing order, and)) may
deny or approve the proposal in its entirety, or it may recommend a
marketing order containing other or different terms or conditions from
those contained in the proposal: PROVIDED, That the same shall be of
a kind or type substantially within the purview of the notice of
hearing and shall be supported by evidence taken at the hearing or by
documents of which the director is authorized to take official notice.
The director shall not approve the issuance, amendment, or termination
of any marketing order unless he or she shall find with respect
(1))) (a) That the proposed issuance, amendment or termination
thereof is reasonably calculated to attain the objective sought in such
(2))) (b) That the proposed issuance, amendment, or termination
is in conformity with the provisions of this chapter and within the
applicable limitations and restrictions set forth therein will tend to
effectuate the declared purposes and policies of this chapter;
(3))) (c) That the interests of consumers of such commodity are
protected in that the powers of this chapter are being exercised only
to the extent necessary to attain such objectives.
(3) If the director's recommended decision does not make any changes to the proposal, notification will be made by mail in the form of a postcard reciting the director's recommended decision. The postcard will also include the department's web site address where any person can access the full text of the director's findings, conclusions, and recommended decision.
(4) If the director's recommended decision makes changes to the proposal or does not support the proposal, notification will be made by mail in the form of a letter describing the changes made or explaining the reason for not supporting the proposal and a referendum. The letter will also include the department's web site address where any person can access the full text of the director's findings, conclusions, and recommended decision.
(5) After the ((
issuance of a)) director issues his or her
findings, conclusions, and recommended decision all interested parties
shall have a period of not less than (( ten)) fifteen days from the date
of the mailing of the postcard or letter to file (( objections))
statements with the director in support of or in opposition to the
recommended decision. The director shall consider the (( objections))
additional statements and shall issue his or her final decision
(( which)). The final decision may be the same as the recommended
decision or may be revised in (( the)) light of (( said objections. The
final decision shall set out in full the text of the order)) the
additional information received in response to the recommended
decision. The director shall (( deliver or mail copies of the final
decision to the same parties to whom copies of the findings and
recommended decision are required to be sent)) notify affected parties
of his or her final decision by mail in the form of a postcard.
Notification shall include the department's web site address where any
person can access the full text of the director's findings,
conclusions, and final decision and the full text of the final
proposal. If the final decision denies the proposal in its entirety,
no further action shall be taken by the director.
(6) Affected parties who do not have access to materials posted on the department's web site may request notification by fax or mail.
Sec. 3 RCW 15.66.090 and 2002 c 313 s 47 are each amended to read
After the ((
issuance by the)) director (( of the)) issues his or her
final decision approving the issuance, amendment, or termination of a
marketing order, the director shall determine by a referendum whether
the affected parties or producers assent to the proposed action or not.
The director shall conduct the referendum among the affected parties or
producers based on the list as provided for in RCW 15.66.060 or
15.66.143, as applicable, and the affected parties or producers shall
be deemed to have assented to the proposed issuance or termination
order if fifty-one percent or more by number reply to the referendum
within the time specified by the director, and if, of those replying,
sixty-five percent or more by number and fifty-one percent or more by
volume assent to the proposed order. The producers shall be deemed to
have assented to the proposed amendment order if sixty percent or more
by number and sixty percent or more by volume of those replying assent
to the proposed order. The determination by volume shall be made on
the basis of volume as determined in the list of affected producers
created under provisions of RCW 15.66.060, subject to rules and
regulations of the director for such determination. The director shall
consider the approval or disapproval of any cooperative marketing
association authorized by its producer members to act for them in any
such referendum, as being the approval or disapproval of the producers
who are members of or stockholders in or under contract with such
association of cooperative producers: PROVIDED, That the association
shall first determine that a majority of the membership of the
association authorize its action concerning the specific marketing
order. Results of the referendum shall be mailed to all affected
parties in the form of a postcard. If the requisite assent is given,
the director shall (( promulgate)) adopt the order (( and shall mail
notices of the same to all affected producers)).