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2005 California Food and Agricultural Code Sections 77571-77590 Article 4. Powers and Duties of the Commission

FOOD AND AGRICULTURAL CODE
SECTION 77571-77590

77571.  The powers and duties of the commission include, but are not
limited to, all of those specified in this article.
77572.  The commission may adopt and, from time to time, alter,
rescind, modify, and amend bylaws, regulations, operating procedures,
and orders for carrying  out this chapter, including regulations for
appeals from any bylaw, regulation, operating procedure, or order of
the commission.
77573.  The commission may administer and enforce this chapter and
do and perform all acts and exercise all powers incidental to, or in
connection with, or deemed reasonably necessary for, the proper
implementation of this chapter.
77574.  The commission may appoint its own officers, including a
chairperson, one or more vice chairpersons, and other officers as it
deems necessary.  The officers shall have the powers and duties
delegated to them by the commission.
77575.  The commission may employ a person to serve at the pleasure
of the commission as president and chief executive officer of the
commission, and other personnel, including legal counsel, necessary
to carry out this chapter.
   If any person employed by the commission engages in any conduct
that the secretary determines is not in the public interest or that
is in violation of this chapter, the secretary shall notify the
commission of the conduct and request that corrective and, if
appropriate, disciplinary action be taken by the commission.  If the
commission fails or refuses to correct the situation or to take
disciplinary action satisfactory to the secretary, the secretary may
suspend or discharge the person.
   The commission may retain a management firm or the staff from any
board, commission, or committee of the state or federal government to
perform the functions prescribed by this section under the control
of the commission.
77576.  The commission may fix the compensation for all of its
employees.
77577.  The commission may appoint committees composed of both
members and nonmembers of the commission to advise the commission in
carrying out this chapter.
77578.  The commission may establish offices and incur expenses,
enter into any and all contracts and agreements, create liabilities,
and borrow funds in advance of receipt of assessments as may be
necessary, in the opinion of the commission, for the proper
administration and enforcement of this chapter and the performance of
its duties.
77579.  The commission shall keep accurate books, records, and
accounts of all of its dealings that shall be subject to an annual
audit by an auditing firm selected by the commission with the
concurrence of the secretary.
   A summary of the audit shall be reported to all persons subject to
this chapter, a copy of which shall also be submitted to the
secretary.  In addition, the secretary may, as he or she determines
necessary, conduct or cause to be conducted a fiscal and compliance
audit of the commission.
77580.  The commission may present facts to, and negotiate with
state, federal, and foreign agencies on matters which affect this
chapter.
77581.  The commission may enter into contracts to receive or render
services in formulating and conducting plans and programs and any
other contracts or agreements that the commission may deem necessary
for carrying out this chapter.
77582.  The commission may conduct, and contract with others to
conduct, research, including the study, analysis, accumulation, and
dissemination of information obtained from the research or elsewhere,
regarding this chapter.
77583.  The commission may promote the sale of forest products by
advertising  and other promotional means, including cost sharing
advertising, for the purpose of maintaining and expanding present
markets and creating new and larger intrastate, interstate, and
foreign markets for forest products and to educate and instruct the
public with respect to the use of forest products. The commission may
not promote the sale of unprocessed logs in foreign markets or
rough-sawn products for remanufacture in foreign markets.
Promotional activities for foreign export markets shall be limited
exclusively to value-added forest products in finished manufactured
form and may not include cants.
77584.  The commission may accept contributions or match private,
state, or federal funds, and employ or make contributions of funds to
other persons or state or federal agencies, for purposes of carrying
out this chapter.
77585.  The commission may publish and distribute, without charge,
bulletins or other communications to persons subject to this chapter.
77586.  The commission shall establish an assessment rate to defray
its operating costs.
77587.  The commission shall adopt an annual budget according to
generally accepted  accounting practices.  The secretary shall concur
in the adoption of the budget prior to the encumbrance of funds,
except for any obligations incurred pursuant to Section 77576.
77588.  The commission shall submit to the secretary, for his or her
concurrence, an annual statement of contemplated activities
authorized pursuant to this chapter.
77589.  The commission and the secretary shall keep confidential and
shall not disclose, except when required by a court order after a
hearing in a judicial proceeding involving this chapter, all lists in
their possession of persons subject to this chapter.
77590.  The commission may investigate and prosecute civil
violations of this chapter and file complaints with appropriate law
enforcement agencies or officers for suspected criminal violations of
this chapter.


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