BILL REQ. #:  H-4721.2 

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 as follows:
     (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 based.
     (((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 thereto:
     (((1))) (a) That the proposed issuance, amendment or termination thereof is reasonably calculated to attain the objective sought in such marketing order;
     (((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 as follows:
     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)).