2006 Louisiana Laws - RS 3:552.19 — Termination or suspension

§552.19.  Termination or suspension

A.  The commissioner shall suspend or terminate any marketing order, if he finds, after a public hearing held in accordance with the provisions of Section 552.10, that such marketing order is contrary to, or does not tend to effectuate the declared purposes or provisions of this Part.

B.(1)  The commissioner shall terminate any marketing order if he finds that the termination of the marketing order is requested in writing, within a ninety-day period, by at least fifty-one percent of the producers that are directly affected that produce at least fifty-one percent of the volume of the product, or by at least fifty-one percent of the handlers that are directly affected that handle at least fifty-one percent of the volume of the product.

(2)  The person or persons originating such a written request shall file a written notice with the commissioner in a manner that the date a request is initiated can be readily ascertained. Any such person may withdraw his name from such a written request until the time the request is presented to the commissioner.

(3)  A request to terminate a marketing order shall be submitted to the commissioner by a petition signed by not less than the number of producers or handlers which produce or handle the volume of products specified in this Subsection.  The signatures on the petition need not all be appended to one sheet of paper.  Each person signing the petition shall add to his signature his place of business, giving his address.

(4)  Before circulating a petition to terminate a marketing order, its proponent shall notify the commissioner of their intent to do so in order to ascertain the beginning date of the ninety-day period.

(5)  After such notification to the commissioner, the petition may be circulated among the producers or handlers affected.  The petition shall bear a copy of the notice of intention.  Signatures shall be secured within the time limit specified in this Subsection.  Any person may withdraw his name from a petition to terminate any marketing order until the time the petition is presented to the commissioner.

C.(1)  If at least twenty-five percent of the producers who are directly affected who produce at least twenty-five percent of the product request, within a ninety-day period, that such marketing order be submitted to approval, the commissioner shall hold a hearing on the question of the reapproval of such marketing order, and whether such reapproval shall be by assent or referendum.

(2)  If the commissioner finds after the hearing that a substantial question exists as to whether such marketing order is contrary to, or does not effectuate the declared purposes or provisions of this Part, such marketing order shall be submitted for the reapproval of those producers and handlers that are directly affected, as provided in this Section within one hundred twenty days of the receipt of the original request.

(3)  The person or persons originating such a request shall file a written notice with the commissioner in such a manner that the date such a request is initiated can be readily ascertained.  Persons may withdraw their names from such a request until the time the request is presented to the commissioner.

(4)  A request to hold a public hearing on a marketing order shall be submitted to the commissioner by a petition signed by not less than the number of producers or handlers which produce or handle the volume of products specified in this Section.  The signatures to the petition need not all be appended to one sheet of paper.  Each person signing the petition shall add to his signature his place of business, and address.

(5)  Before circulating a petition to hold a public hearing on a marketing order, its proponents shall notify the commissioner of their intent to do so in order to ascertain the beginning date of the ninety-day period.

(6)  After such notification to the commissioner, the petition may be circulated among the producers or handlers affected.  The petition shall bear a copy of the notice of intention.  Signatures shall be secured within the time limit specified in this Section.  Any person may withdraw his name from a petition to hold a public hearing on any marketing order until the time the petition is presented to the commissioner.

D.  If the commissioner finds that the marketing order is not reapproved pursuant to this Part, he shall declare such order terminated.  An order shall be considered reapproved if it has been assented to or favored at a referendum in the same manner as is required for a new marketing order.

E.  At any time the commissioner finds that a substantial number of persons that are directly affected by an order are in opposition to it, he shall hold a hearing on the question of the termination, suspension, amendment, or reapproval of such order, and shall, not more than sixty days after such hearing, terminate, suspend, or submit for amendment or reapproval such order, or make a finding that there is not sufficient opposition to the order to warrant any action.

F.  A marketing order shall not be submitted for reapproval until one year after the original enactment, or within one year of any prior approval.  However, if no provision is made in any marketing order for reapproval or for termination in less than five years, the commissioner shall at least once each five years hold a referendum.

G.(1)  The commissioner may terminate, without a public hearing, any marketing order or marketing agreement which has been inoperative for three consecutive marketing seasons after giving notice of intent to terminate such marketing order or marketing agreement pursuant to Paragraph (2) of this Subsection.

(2)  The notice shall be published in the Louisiana Register. Termination shall not become effective until five days after the date of such publication.  The commissioner shall also issue at the time of such publication, a public notice to newspapers of general and statewide circulation concerning his intention to terminate such marketing order or marketing agreement.

H.  No suspension or termination of any marketing order or marketing agreement pursuant to this Section shall become effective until the expiration of the marketing season then current.

Added by Acts 1978, No. 500, §1.