Current through Register Vol. 48, No. 9, September 27, 2024
1. Establishment and Membership. A cucumber board is hereby established with such powers and duties as are authorized by Section 46-17-270 and by Section 6 of this regulation. The board shall be composed of seven (7) producer members elected as provided in this regulation and an ex officio member as specified by the Act.
2. Membership Qualifications. Board members shall be citizens and residents of the State of South Carolina, over the age of twenty-five (25) years. Producer members shall have been actually engaged in producing commercial quantities of cucumbers within this State for a period of five years and have during this period derived a substantial portion of their individual income therefrom. Producer members of the board shall be active producers of fresh market cucumbers. The qualifications of producer members as set forth herein must continue during their term of office. The ex officio member so designated by the Commission shall be either a cucumber producer, a person active in or interested in matters related to cucumbers, or a person not so related.
3. Term of Office; Initial Board. The term of office of the elected producer members shall be three (3) years from the date of their election and until their successors are elected and certified; except that initial members of the board shall serve from the effective date of this marketing order in terms of office terminating as follows: Positions 1, 2, and 3 shall terminate on the last day of February nearest to three (3) years from the effective date of this marketing order; positions 4 and 5 shall terminate on the last day of February nearest to two (2) years from the effective date of this marketing order; and positions 6 and 7 shall terminate on the last day of February nearest to one (1) year from the date of this marketing order. The term of office of the ex officio member, being position number 8, shall terminate three (3) years from the effective date of this marketing order.
4. Nomination and Election of Board Members.
a. Not earlier than January 1 and not later than January 15 of each year, the Commission shall give notice by mail to all cucumber producers of such vacancies as will occur in the Board and call for nominations. Nomination of candidates for election shall be oral and shall follow such order and procedures as are specified by the Commission with the advice of the board. The notice of vacancy shall specify the date and time for at least one nominating meeting of affected producers at which meeting oral nominating petitions shall be accepted by the Commission. Each oral nomination shall be seconded by no less than five (5) qualified cucumber producers; which seconding action shall be indicated by standing as the nomination is placed. Said nominating meeting shall be completed no later than January 25 of each year. Nominations may also be made within five (5) days after such meetings by written petition filed with the Commission and signed by not less than five (5) affected producers entitled to participate in the meeting.
b. Notice of nominating meeting shall be published in a newspaper of general circulation in Greenville, Columbia, Charleston and such other newspapers as the Commission may prescribe not less than (10) ten days in advance of the date of such meeting. Written notice of every such meeting shall be posted on the public bulletin board required by Section 46-17-80.
c. Producer members shall be elected by secret mailed ballot to fill such vacancies as shall occur annually in the Board. Ballots shall be distributed to affected producers of record by mail no later than February 15 of each year. Each affected producer shall be entitled to one (1) vote. Provisions shall be made by the Commission with the advice of the Board to provide ballots to any qualified producer whose name does not appear on the list of producers maintained by the Commission pursuant to Section 46-17-170 and who requests such ballot by mail or in person. Control of ballots shall be maintained by the Commission with the advice of the Board.
d. Ballots will be returned by affected producers no later than February 25 of each year. Ballots shall be returned to the Commission by mail at such address as may be determined by the Commission. This address shall be clearly stated along with the purpose of the ballot and the voting period at the head of each ballot. Such mailed ballot shall be conducted in such a way and manner that it shall be a secret ballot in accordance with rules and regulations to be promulgated by the Commission. Newly elected and properly certified members of the Board shall take office effective on March 1 of each year. The Chairman of the Commission or his designated representative shall administer an appropriate oath of office to each member of the Board at such time and place as shall be proper.
e. With respect to the initial Board, the Commission shall call for nominations and give notice of nomination meetings in the notice of hearings issued pursuant to Section 46-17-80. Those individuals nominated shall be listed as a part of the Commission's final decision required by Section 46-17-120. The ballot specified herein shall be forwarded to the affected producers at the time the referendum is held pursuant to Section 46-17-140.
5. Vacancies. To fill any producer vacancy on the Board occasioned by the failure to qualify of any person elected to the Board, or in the event of the death, removal, resignation, or disqualification of any member, the remaining members shall select a person qualified for membership as provided by the Act and Section 2 of this regulation for appointment by the Commission to fill the unexpired term. A qualified person shall be appointed to the ex officio membership by the Commission to complete any unexpired term which may occur.
6. Powers and Duties of Board. The Board shall have the following powers and duties:
a. To administer, enforce, direct, and control the provisions of this marketing order as its administrative board pursuant to the authority contained in Section 46-17-270(f).
b. To elect a chairman and such other officers as it deems necessary; and to select and instruct committees of Board members. The ex officio member being position number 8, shall call the initial meeting and shall preside until a chairman is properly elected, which election shall constitute the first order of business to come before the Board.
c. To adopt, rescind, and amend rules and regulations reasonably necessary for the administration and operation of this marketing order.
d. To employ and discharge at its discretion such administrators and additional personnel, attorneys, advertising, promotional, and research agencies, and other persons and firms as it may deem appropriate and pay compensation to the same according to the provisions of the Act.
e. To accept donations, gifts, and other property to be used for Board purposes.
f. To exercise the powers and authority conferred by law upon corporations.
g. To keep accurate records of all receipts and disbursements, which records shall be open to inspection and audit by the Commission and other legal agencies of the State, and to make annual reports therefrom to the Commission.
h. To prepare a budget or budgets covering anticipated income and expenses to be incurred in carrying out the provisions of this marketing order during each fiscal year.
i. To assist the Commission in collecting the assessments of producers as provided in this marketing order and to expend the same in accordance with and to effectuate the purposes of the Act and this marketing order.
7. Procedure for Board.
a. The Board shall by resolution establish a headquarters which shall continue as such unless and until so changed by the Board, at which headquarters shall be kept the books, records, and minutes of the Board meetings.
b. The Board shall hold regular meetings at least quarterly, with the time and date thereof to be fixed by the Resolution of the Board. Four (4) of the voting members of the Board shall constitute a quorum for the transaction of all business and the carrying out of all duties of the Board.
c. During cucumber harvesting and marketing periods the Board may hold such meetings as it may deem advisable and shall establish by resolution the time, place, and manner of calling such meetings with not less than 24 hours notice to the members, provided, however, that the notice of any meeting may be waived by a waiver thereof signed by not less than a quorum of the voting membership.
d. Any action taken by the Board shall require the majority vote of the members present, provided that a quorum is present.
e. The members of the Board shall receive no salary but shall be allowed the usual mileage, subsistence and per diem as authorized by law for commissions, committees and board which shall be paid out of Board funds. The ex officio member shall be reimbursed by the Commission or the Department for the actual expenses incurred in the performance of his duties.
8. Limitation of Liability of Board Members and Employees.
Obligations incurred by the Board and any other liabilities or claims against the Board shall be enforced only against the assets of the Board in the same manner as if it were a corporation and no liability for the debts or actions of the Board shall exist against either the State of South Carolina or any subdivision or instrumentality thereof or against any other Board or Commission established pursuant to the Act or the assets thereof or against any member officer, employee or agent of the Board in his individual capacity. The members of the Board, including employees thereof, shall not be held responsible individually in any way whatsoever to any person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for the act or omission of any other member of the Board. The liability of the members of the Board shall be several and not joint and no member shall be liable for the default of any other members.
