[Code of Federal Regulations]
[Title 7, Volume 8]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR982.32]

[Page 522-523]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER IX--AGRICULTURAL MARKETING SERVICE (Marketing Agreements and 
      Orders; Fruits, Vegetables, Nuts), DEPARTMENT OF AGRICULTURE
 
PART 982_HAZELNUTS GROWN IN OREGON AND WASHINGTON--Table of Contents
 
                    Subpart_Order Regulating Handling
 
Sec.  982.32  Initial members and nomination of successor members.

    (a) Members and alternate members of the Board serving immediately 
prior to the effective date of this amended subpart shall continue to 
serve on the Board until their respective successors have been selected.
    (b) Nominations for successor handler members and alternate members 
specified in Sec.  982.30(b) (1) through (3) shall be made by the 
largest, second largest, and third largest handler determined according 
to the tonnage of certified merchantable hazelnuts and, when shelled 
hazelnut grade and size regulations are in effect, the inshell 
equivalent of certified shelled hazelnuts (computed to the nearest whole 
ton) recorded by the Board as handled by each such handler during the 
two marketing years preceding the marketing year in which nominations 
are made.
    (c) Nominations for successor handler member and alternate handler 
member positions specified in Sec.  982.30(b)(4) shall be made by the 
handlers in that category by mail ballot. All votes cast shall be 
weighted according to the tonnage of certified merchantable hazelnuts 
and, when shelled hazelnut grade and size regulations are in effect, the 
inshell equivalent of certified shelled hazelnuts (computed to the 
nearest whole ton) recorded by the Board as handled by each handler 
during the two marketing years preceding the marketing year in which 
nominations are made. If less than one ton is recorded for any such 
handler, the vote shall be weighted as one ton. Voting will be by 
position, and each eligible handler can vote for a member and an 
alternate member. The person receiving the highest number of weighted 
votes for each position shall be the nominee for that respective 
position.
    (d) For the purposes of nominating and voting for handler members 
and alternates, the tonnage of hazelnuts shall be credited to the 
handler responsible under the order for the payment of assessments of 
those hazelnuts.
    (e) Nominees to successor grower member and alternate member 
positions shall be submitted to the Secretary after the Board conducts 
balloting of growers, or officers or employees of growers, in the grower 
districts according to the following procedure: Names of the candidates 
to be shown on the ballot for a particular district may be submitted to 
the Board on petitions signed by not less than 10 growers on record with 
the Board as growers being in that district; each grower may sign only 
as many petitions as there are persons to be nominated within that 
district. If such petitions fail to result in submission of at least two 
names for a district, the Board shall request County Agricultural 
Extension Agents in that district

[[Page 523]]

to recommend one or more eligible growers to be included on the ballot. 
Ballots, accompanied by the names of all such candidates, with spaces to 
indicate voters' choices and spaces for write-in candidates, together 
with voting instructions, shall be mailed to all growers who are on 
record with the Board. The person receiving the highest number of votes 
shall be the member nominee for that district, and the person receiving 
the second highest number of votes shall be the alternate member. The 
Board shall recommend one candidate in case of a tie vote.
    (f) Nominations received in the foregoing manner by the Board for 
all handler and grower member and alternate member positions shall be 
certified and sent to the Secretary at least 60 days prior to the 
beginning of each two-year term of office, together with all necessary 
data and other information deemed by the Board to be pertinent or 
requested by the Secretary. If nominations are not made within the time 
and manner specified in this subpart, the Secretary may, without regard 
to nominations, select the Board members and alternates on the basis of 
the representation provided for in this subpart.
    (g) The members of the Board shall nominate the public member and 
alternate public member at the first meeting following the selection of 
members for a new term of office.
    (h) The Board with the approval of the Secretary shall issue rules 
and regulations necessary to carry out the provisions of this section or 
to change the procedures in this section in the event they are no longer 
practical.

[51 FR 29547, Aug. 19, 1986, as amended at 61 FR 17559, Apr. 22, 1996]