2013 Kentucky Revised Statutes CHAPTER 247 - PROMOTION OF AGRICULTURE AND HORTICULTURE 247.780 Annual review of program -- Referendum required, when -- Termination.
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247.780 Annual review of program -- Referendum required, when -Termination.
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The board shall review the assessment program annually. If, at the end of any
year after the first year of the assessment program, the board has reason to
believe that a majority of producers are not in favor of the program, the
Commissioner may conduct a referendum among the producers in the area or
if the board determines that fifty percent (50%) of the producers in the
referendum area are not participating in the program, the Commissioner shall
then conduct a referendum among the producers in the area. If, upon the
referendum, a majority of the producers in the area reject the program, it shall
be terminated as of the end of the month in which the referendum for the area
was conducted and held; otherwise, such assessment program shall continue
in force and effect.
If the certified association of producers expresses in writing its desire to the
Commissioner to discontinue the assessment program and terminate it, the
Commissioner shall within fifteen (15) days following receipt of the request
convene the board to review and act on the request. The board, after reviewing
the request and conducting whatever proceedings are deemed appropriate and
necessary in connection with the request, may terminate the program effective
at the end of the month in which the board action is taken; and in this event the
Commissioner shall notify by certified mail all operators of tobacco
warehouses, tobacco manufacturers, or tobacco dealers of the termination of
the program.
If the certified association requests in writing to the Commissioner to hold a
referendum on the question of increasing the assessment within the limits of
KRS 247.710 to 247.785, the Commissioner shall within fifteen (15) days of the
receipt of the request convene the board to review and act on the request. The
board, after reviewing the request and conducting whatever proceedings are
deemed appropriate and necessary with the request, shall, if the request is
approved, conduct a referendum in accordance with the provisions of KRS
247.710 to 247.785.
Effective:July 15, 1980
History: Amended 1980 Ky. Acts ch. 114, sec. 52, effective July 15, 1980. -Created 1976 Ky. Acts ch. 265, sec. 15.
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