2-15-3007. Montana pulse crop committee. (1) There is a Montana pulse crop committee.

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Terms Used In Montana Code 2-15-3007

  • Department: means a principal functional and administrative entity that:

    (a)is created by this chapter within the executive branch of state government;

    (b)is one of the 20 principal departments permitted under the constitution; and

    (c)includes its units. See Montana Code 2-15-102

  • Director: means a department head specifically referred to as a director in this chapter and does not mean a commission, board, commissioner, or constitutional officer. See Montana Code 2-15-102
  • Ex officio: Literally, by virtue of one's office.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(2)The committee consists of five voting members and three ex officio nonvoting members who are actively involved in the production, research, or marketing of pulse crops.

(3)The governor shall appoint:

(a)two members from an eastern district consisting of Carter, Custer, Daniels, Dawson, Fallon, Garfield, McCone, Powder River, Prairie, Richland, Roosevelt, Rosebud, Sheridan, Valley, and Wibaux Counties;

(b)one member from a western district consisting of the remaining counties of the state; and

(c)two at-large members, who may be from either district.

(4)The ex officio members are:

(a)the director of the department of agriculture;

(b)the dean of agriculture of Montana state university-Bozeman; and

(c)a representative of the pulse industry who is appointed by the governor and operates a collection facility that purchases pulses in Montana.

(5)(a) Agricultural groups with an interest in the production and marketing of pulses may submit to the governor a list of nominees for appointment not more than 90 days or less than 30 days before the expiration of a member’s term.

(b)Appointments must be made from the individuals nominated. If too few individuals are nominated to fill the available positions, the governor may appoint any pulse producer from the district where the vacancy exists.

(6)The appointed members shall serve staggered terms of 3 years that expire on June 30. A member may not serve more than three consecutive 3-year terms.

(7)Each appointed member must be a Montana resident, derive a substantial portion of the member’s income from growing pulse crops in the state, and have a farming operation in the district from which the member was appointed.

(8)A member may be removed by the governor, after a full public hearing before the governor, for malfeasance, misfeasance, or neglect of duty. Removal proceedings may not be started except upon written charges duly verified by the governor. The member must be given a copy of the written charges at least 10 days in advance of the hearing. At the hearing, the member may be represented by an attorney and may present witnesses on the member’s behalf.

(9)A member who no longer resides in the state or in the district from which the member was appointed or who no longer grows pulse crops in the state or district is disqualified from membership, and the office becomes vacant. A member’s refusal to recognize the member’s disqualification is cause for removal.

(10)The committee is allocated to the department for administrative purposes only as provided in 2-15-121.