Okla. Stat. tit. 2, § 2-5-60.13: Petition for certification – Public hearing

A. 1. Any nonprofit organization authorized under the laws of

this state representing the producers of an agricultural commodity

may petition the Commissioner of the Oklahoma Department of

Agriculture, Food, and Forestry for certification as the

organization authorized to establish a new commodity producers board

and conduct an assessment referendum pursuant to the Oklahoma

Agricultural Commodity Act.

2. The petition shall state:

a. the reasons for and the purposes of the commodity

producers board,

b. the number of board members and board organization,

c. propose either a six-member, nine-member, twelve-

member or fifteen-member board and whether board

members will be appointed by district or appointed at

large,

d. the maximum assessment to be levied pursuant to an

election, and

e. such other information required by the Commissioner;

3. The petition shall be signed by at least twenty percent

(20%) of the commodity producers in the state or at least two

hundred commodity producers, whichever is less.

B. 1. Any new nonprofit organization authorized under the laws

of this state representing the producers of an agricultural

commodity may petition the Commissioner for approval as a successor

organization authorized to replace an existing statutory commodity

producers board.

2. The petition shall:

a. state the existing statutory commodity producers board

to be replaced,

b. provide the bylaws for review and approval by the

Commissioner for the new nonprofit organization, and

c. provide any other information required by the

Commissioner.

3. The petition shall be signed by a majority of the board

members of the existing statutory commodity producers board.

4. Any new nonprofit organization petitioning the Commissioner

may retain the name of the existing statutory commodity producers

board.

C. 1. Within fifteen (15) days following the day on which a

petition for certification is received, the Commissioner shall

schedule a public hearing to consider the petition. The public

hearing shall be scheduled no later than forty (40) days after

receipt of the completed petition is received by the Department.

2. Upon the scheduling of the public hearing, the nonprofit

organization shall provide for notification of interested commodity

producers in the manner, method and locations required by the

Department.

3. If the Commissioner determines that, on the basis of

testimony presented at the public hearing, the petitioning

organization is representative of the producers of the agricultural

commodity and that the petition conforms to the purposes and

provisions of the Oklahoma Agricultural Commodity Act, the

Commissioner shall:

a. certify that the organization is representative of the

producers of the commodity and is authorized to

establish the commodity producers board and to conduct

the board election and assessment referendum, or

b. approve the new nonprofit organization as a successor

organization authorized to accept the statutory

assessment.