State Oregon Regulations CHAP 645 OREGON DUNGENESS CRAB COMMISSION DIVISION 30 COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE The Oregon Administrative Rules contain OARs filed through July 14, 2006 DEPARTMENT OF AGRICULTURE, OREGON DUNGENESS CRAB COMMISSION DIVISION 30 COMMISSION MAKE-UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE 645-030-0010 Number of Commissioners, Terms The Oregon Dungeness Crab Commission will consist of eight commissioners appointed by the Director of the Oregon Department of Agriculture for a term of three years or, if for a term following a prior term for that person, ending three years from the date of expiration of any prior term. Stat. Auth.: 2003 OL Ch. 604, ORS 576 Stats. Implemented: 2003 OL Ch. 604, ORS 576 Hist.: ODCC 1-2004, f. 1-15-04 cert. ef. 1-16-04 645-030-0020 Qualifications of Commissioners (1) For purposes of this rule: (a) A "producer" is a person growing or producing within this state or procuring within the state, its rivers or the offshore waters, but not the Columbia River, for commercial handling within the state, a commodity for market, or receiving a share thereof as landowner, landlord, tenant, sharecropper, boat skipper or otherwise. A producer must have paid the commission assessment on the commodity in each of the preceding three calendar years. (b) A "handler" is any producer, processor, distributor or other person engaged in handling or marketing of or dealing in the commodity, whether as owner, agent, employee, broker or otherwise. A handler must have collected the commission assessment, if any, each of the preceding three calendar years. (2) Members of the Oregon Dungeness Crab Commission will have the following qualifications, which will continue during the term of office of the member: (a) One member of the commission will be a member of the public with an active interest in the positive economic development, production and/or marketing of the commodity, but who is not associated with the production or handling of Dungeness crab; (b) A majority of the members will be producers; (c) Two members will be handlers; (3) In addition to the qualifications set forth in subsection (2) of this rule, at least 1 member shall be a producer from each of the following major coastal ports: (a) Astoria (b) Newport (c) Charleston (d) Brookings (4) Notwithstanding subsection (3) of this section, if a position remains vacant for more than three months following reasonable efforts to recruit a member from a particular region, a person may be appointed at large and may reside anywhere within the State of Oregon. Once that person's term expires and he or she is not reappointed, the position will again be subject to the geographic qualification requirements of subsection (3) of this section. Stat. Auth.: 2003 OL Ch. 604, ORS 576 Stats. Implemented: 2003 OL Ch. 604, ORS 576 Hist.: ODCC 1-2004, f. 1-15-04 cert. ef. 1-16-04 645-030-0030 Removal of Commissioners (1) The Commission may recommend that the Director of the Department of Agriculture remove a commissioner from office, and declare the position vacant for cause, including the following reasons: (a) Two unexcused absences annually, or other neglect of duty in office; (b) Use of the commission appointment for financial gain or to avoid financial detriment; (c) Unauthorized use or disclosure of confidential information; (d) Conduct in violation of Oregon government standards and practices laws; (e) Misappropriation or misuse of commission funds; (f) Failure to satisfy one or more qualifications for appointment. Stat. Auth.: 2003 OL Ch. 604, ORS 576 Stats. Implemented: 2003 OL Ch. 604, ORS 576 Hist.: ODCC 1-2004, f. 1-15-04 cert. ef. 1-16-04 645-030-0040 Chair and Other Officers Annually, at the last regular meeting of the Commission before the end of the fiscal year, the Commission will elect from its members a Chair and a Vice Chair who will serve until their successors are elected and qualified. The Chair or Vice Chair may resign as such or may be removed from that position by vote of four Commissioners. If the Chair or Vice Chair ceases to be a Commissioner, the office will be vacant and a successor will be selected at the next regular meeting of the Commission. The Chair will preside over all meetings of the Commission. The Vice Chair will act in lieu of the Chair when the Chair is unable to perform the duties of the office of Chair or while the office is vacant. Stat. Auth.: 2003 OL Ch. 604, ORS 576 Stats. Implemented: 2003 OL Ch. 604, ORS 576 Hist.: ODCC 1-2004, f. 1-15-04 cert. ef. 1-16-04 -------------------------------------------------------------------------------- The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use