2011 New Mexico Statutes
Chapter 76: Agriculture
Article 15: Fruit and Vegetable Standards, 76-15-1 through 76-15-22
Section 76-15-4: Director; appointment, duties, qualifications, oath, bond, salary, employees, traveling expenses.

76-15-4. Director; appointment, duties, qualifications, oath, bond, salary, employees, traveling expenses.

A. The board of regents of the college of agriculture and mechanic arts [New Mexico state university], shall, immediately after the effective date of this act, appoint the director, whose duty it shall be, under the supervision, direction and control of said board of regents, to administer this act [76-15-1 to 76-15-9 NMSA 1978] and be charged with the enforcement of its provisions. Such director, before entering upon the duties of his office, shall make and subscribe to the oath of office required of state officials, and make a surety bond payable to the state of New Mexico, in the sum of $1000.00, for the faithful performance of his duties. The bond to be approved by said board of regents, aforesaid. The salary of such director shall be fixed annually by the board of regents not to exceed the sum of $1200.00 per annum, and such board of regents shall appoint such clerks and other employees as it may deem necessary for the efficient administration of the provisions of this act, and shall fix their salaries. Such director, employees and clerks shall serve at the pleasure of the board of regents of the college of agriculture and mechanic arts [New Mexico state university].

B. The director shall appoint, with the consent and approval of the board of directors of each district, an assistant director for each district, who shall make his residence in said district. The duties of the assistant director shall be such as are delegated to him by the director and board of directors of each district.

C. The director shall administer and enforce the provisions of this act, and shall have and may exercise any and all administrative powers conferred upon him under the provisions of this act. In order to effectuate the declared purposes and provisions of this act, the director is authorized to issue, administer and enforce the provisions of marketing orders made hereunder, regulating the marketing and grading standards of fruit. The director shall have power or authority to delegate to any assistants any portion or all of the powers or authority herein vested in the director.

D. The director shall appoint an advisory board of control for each district, upon application of the district through its board of directors. The appointment of the board of control, its membership and duties, shall be as recommended by the board of directors of the district.

E. The director may issue marketing orders, applicable to any district, to carry out the provisions of this act whenever such orders are recommended and approved by the board of directors of any district. Before the promulgation and effective date of any such order, due notice of and an opportunity for a public hearing shall be given. Said notice of hearing shall be given to all persons directly affected by the order and such hearing shall be open to the public. Notice shall be by publication in a legal newspaper of general circulation within the district. Such notice shall be given and publication made at least five (5) days prior to date of such hearing.

F. Any marketing order issued by the director hereunder shall become effective at once upon issuance thereof.