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

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Terms Used In Arizona Laws 3-409

  • Affected commodity: means the specific citrus, fruit or vegetable that is regulated pursuant to article 2 or 4 of this chapter and that is subject to the marketing agreement or order or the proposed marketing agreement or order. See Arizona Laws 3-401
  • agreement: means an agreement that is developed by producers or shippers of the affected commodity and that is entered into by the director pursuant to this article. See Arizona Laws 3-401
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • order: means an order that is developed by producers or shippers of the affected commodity and that is issued by the director pursuant to this article. See Arizona Laws 3-401
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

B. The director shall approve the marketing order 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 order.

2. The marketing order complies with this article.

3. The costs of administering the proposed marketing order are met by the proposed assessment, if an assessment is necessary.

C. The director shall issue a decision to be mailed to all persons appearing at the public meeting within twenty days after the conclusion of all public meetings. The decision shall state the director’s findings, the method of voting on the proposed marketing order and a summary of the evidence and testimony presented at the public meetings.