The powers and duties of the commission board of
40directors shall include, but are not limited to, all of the following:
P10 1(a) Adopt and from time to time alter, rescind, modify, and
2amend bylaws, rules, regulations, and orders for carrying out this
3chapter, including rules for appeals from any bylaw, rule,
4regulation, or orders. These actions shall not be subject to Chapter
53.5 (commencing with Section 11340) of Part 1 of Division 3 of
6Title 2 of the Government Code.
7(b) Administer and enforce this chapter and perform all acts
8and exercise all powers incidental to, or in connection with, or
9determined reasonably necessary for, proper or advisable
10effectuation of the purposes of this chapter.
11(c) Appoint its own officers, including a chairperson, one or
12more vice chairpersons, and any other officers as it determines
13necessary. The officers shall have the powers and duties delegated
14to them by the commission board of directors.
15(d) Employ a person to serve at the pleasure of the commission
16as president and chief executive officer, and other personnel,
17including legal counsel, necessary to carry out this chapter. The
18commission may retain a management firm or staff from any board,
19commission, or committee of the state to perform the functions
20prescribed by this subdivision under control of the commission
21board of directors. If a person subject to this subdivision engages
22in conduct that the secretary determines to be in violation of this
23chapter, or is not in the public interest, the secretary shall notify
24the commission of the conduct and request that corrective, and if
appropriate, disciplinary action, be taken by the commission board
26of directors. If the commission board of directors fails or refuses
27to correct the situation or to take disciplinary action satisfactory
28to the secretary, the secretary may suspend or discharge the person
29subject to this subdivision.
30(e) Fix the compensation for all employees.
31(f) Appoint committees composed of both members and
32nonmembers of the commission board of directors to advise in
33carrying out this chapter.
34(g) Establish offices and incur expenses, invest funds, enter into
35contracts and agreements, and create liabilities and borrow funds
36in advance of receipt of assessments as determined necessary for
37the proper administration and enforcement of this chapter and the
38performance of its duties.
39(h) Keep accurate books, records, and accounts of all of its
40dealings, which shall be subject to an annual audit by an auditing
P11 1firm selected by the commission board of directors with the
2concurrence of the secretary. The audit shall be made a part of
3an annual report to all producers of olive oil, and, notwithstanding
4Sections 9795 and 10231.5 of the Government Code, copies of the
5audit shall be submitted to the Legislature and the department. In
6addition, the secretary may, as he or she determines necessary,
7conduct, or cause to be conducted, a fiscal and compliance audit
8of the commission.
9(i) Present facts to, and negotiate with, state, federal, and
10foreign agencies on matters that affect the handling of olive oil.
11(j) Make, in the name of the commission, contracts to render
12service in formulating and conducting plans and programs, and
13any other contracts or
agreements determined to be necessary for
14the purposes specified in this chapter.
15(k) Conduct, and contract with others to conduct, research,
16including the study, analysis, dissemination, and accumulation of
17information obtained from research or elsewhere with respect to
18olive oil quality research and nutritional research. In connection
19with the research, accept contributions of, or to match, private,
20state, or federal funds that may be available for these purposes,
21and to employ or make contributions of funds to other persons or
22state or federal agencies conducting the research.
23(l) Collect information and publish and distribute to producers
24a bulletin or other communication for dissemination of information,
25including, but not limited to, crop statistics relating to the olive
27(m) Establish an
assessment rate to defray operating costs.
28(n) Establish an annual budget according to accepted
29accounting practices. The budget shall be concurred in by the
30secretary prior to disbursement of funds, except for disbursements
31made pursuant to subdivision (e).
32(o) Submit to the secretary for his or her concurrence, an annual
33statement of contemplated activities authorized under this chapter.
34(p) Investigate and prosecute civil violations of this chapter and
35file complaints with appropriate law enforcement agencies or
36officers for suspected criminal violations of this chapter.
37(q) Engage in activities and administer any program authorized
38in Article 9 (commencing with Section 79901) of this chapter.
P12 1(r) Prescribe the form and manner by which proponents and
2opponents of the commission may contact producers so long as
3all expenses associated with the contacts are paid in advance.