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72081

FOOD AND AGRICULTURAL CODE
SECTION 72081

72081.  The powers and duties of the commission shall include, but
are not limited to, all of the following:
   (a) To adopt, and from time to time, alter, rescind, modify, and
amend all proper and necessary bylaws, rules, regulations, and orders
for carrying out the provisions of this chapter, including rules for
regulation of appeals from any bylaw, rule, regulation, or order of
the commission.
   (b) To administer and enforce this chapter, and to do and perform
all acts and exercise all powers incidental to, or in connection with
or deemed reasonably necessary for, proper or advisable effectuation
of the purposes of this chapter.
   (c) To appoint its own officers, including a chairman, one or more
vice chairmen, and such other officers as it deems necessary. The
officers shall have the powers and duties delegated to them by the
commission.
   (d) To employ a person to serve, at the pleasure of the
commission, as chief executive officer of the commission and other
personnel, including legal counsel, that is necessary to carry out
the provisions of this chapter. The commission may retain a
management firm or any staff from any board, commission, or committee
of the state to perform the functions prescribed by this subdivision
under the control of the commission. If the chief executive officer
engages in any conduct which the director determines is not in the
public interest or which is in violation of this chapter, the
director shall notify the commission of the conduct and request that
corrective and, if appropriate, disciplinary action be taken by the
commission. In the event that the commission fails or refuses to
correct the situation or to take disciplinary action satisfactory to
the director, the director may suspend or discharge the chief
executive officer.
   (e) To fix the compensation for all employees of the commission.
   (f) To appoint committees composed of both members and nonmembers
of the commission to advise the commission in carrying out the
provisions of this chapter.
   (g) To establish offices and incur expenses, and to enter into any
and all contracts and agreements, and to create such liabilities and
borrow such 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.
   (h) To keep accurate books, records and accounts of all of its
dealings, which books, records and accounts shall be subject to an
annual audit by an auditing firm selected by the commission with the
concurrence of the director. The audit shall be made a part of an
annual report to all producers and handlers of wheat, copies of which
shall also be submitted to the Legislature and the Department of
Food and Agriculture. In addition, the director may, as he determines
necessary, conduct, or cause to be conducted, a fiscal and
compliance audit of the commission.
   (i) To promote the sale of wheat 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 wheat and
to educate and instruct the public with respect to the uses of the
several varieties and the healthful properties and nutritional value
of wheat.
   (j) To appoint an advisory committee composed of handlers to aid
the commission in its deliberations.
   (k) To make, in the name of the commission, contracts to render
service in formulating and conducting plans and programs, and such
other contracts or agreements as the commission may deem necessary
for the promotion of the sale of wheat.
   (l) To conduct and contract with others to conduct scientific
research, including the study, analysis, dissemination, and
accumulation of information obtained from this research or elsewhere
respecting cultural and production practices, marketing, and
distribution of wheat. In connection with research, the commission
shall have the power to accept contributions of, or to match,
private, state, or federal funds that may be available for those
purposes, and to employ or make contributions of funds to other
persons or state or federal agencies conducting the research.
   (m) To publish and distribute, without charge, a bulletin or other
communication for dissemination of information relating to the wheat
industry to producers and handlers.
   (n) To establish an assessment rate to defray operating costs of
the commission.
   (o) To establish an annual budget according to accepted accounting
practices. The budget shall be concurred in by the director prior to
disbursement of funds, except for disbursements made pursuant to
subdivision (e) of Section 72081.
   (p) To educate and instruct wheat customers and buyers with
respect to proper methods of handling and selling wheat, to make
market surveys and analyses, to present facts to, and negotiate with,
state, federal and foreign agencies on matters which affect the
marketing of wheat, and to maintain and expand present markets and
create new markets for wheat.
   (q) The commission may investigate and prosecute civil violations
of this chapter and file complaints with appropriate law enforcement
agencies or officers for criminal violation of this chapter.