3-425. Public meeting; notice; findings

A. At least five days but not more than twenty days after the application is filed with the department, the director, or the director's designee, shall hold a public meeting. A notice shall be sent to all persons that may be affected by the proposed marketing agreement that states the time, date and place of the public meeting and that the department will receive evidence and testimony concerning the proposed marketing agreement. An official department list of affected persons does not have to be prepared.

B. At the public meeting, the director, or the director's designee, shall receive evidence and testimony concerning the proposed marketing agreement. The director may hold more than one meeting if the affected commodity is grown in more than one area of this state.

C. Based on testimony received at a public meeting, the director may recommend to the petitioners that the proposed marketing agreement be modified. If the petitioners make any substantial changes to the proposed marketing agreement after the public meeting, there must be at least one additional public meeting to receive evidence and testimony regarding the revised marketing agreement. If the petitioners make only technical changes to the proposed marketing agreement, no additional public meeting is required.

D. The director shall approve the marketing agreement if the director finds:

1. The same marketing agreement or marketing order program is not in effect for the affected commodity in the territory described by the proposed marketing agreement.

2. The marketing agreement complies with this article.

3. The signatories of the marketing agreement have sufficient monies to defray expenses of formation, administration and enforcement of the marketing agreement.

4. The marketing agreement is signed by all participants.