Neb. Admin. Code tit. 84 — Dry Bean Resources Commission

Chapter 1 Dry Bean Resources Act

Neb. Admin. Code tit. 84, ch. 1 Dry Bean Resources Act {#sec-84-nac-1 omnilex-key=us-ne-regs-official--title-84--84 NAC 1}

001 Parliamentary Procedure.

Robert’s Rules of Order Revised Edition will be used to assure the orderly transaction of business in meetings.

002 Quorum.

No action may be taken by the commission unless a quorum is present. A quorum shall consist of five members. Five affirmative votes shall be necessary to adopt, amend or repeal any rule and regulation of the commission; terminate appointment of an at-large member; and to change the assessment rate. On any other motion before the commission, the concurrence of a majority of those present shall be sufficient.

003 Officers.

The officers of the commission shall be: Chairperson, Vice-chairperson, Secretary/Treasurer. Officers shall be elected annually at the first regular meeting after June 1st or whenever a vacancy occurs. The Secretary/Treasurer shall be bonded in accordance with the Office of Risk Management policy.

004 Rate.

Pursuant to the provision of Neb. Rev. Stat. §2-3755, beginning August 1, 2015, the fee imposed by this section shall be fifteen cents per hundredweight. Beginning January 1, 2017, the commission may, whenever it determines that the fees provided by this section are yielding more or less than is required to carry out the intent and purposes of the act, reduce or increase such fees for a period as it shall deem justifiable, but not less than one year and not to exceed twenty-four cents per hundredweight. Two-thirds of the fee levied under this section shall be paid by the grower at the time of sale or delivery and shall be collected by the first purchaser. The first purchaser shall pay the remaining one-third of the fee. No dry beans shall be subject to the fee more than once.

005 Hearings.

005.1 General Provision.

The board may conduct public hearings for any purpose consistent with its responsibilities, including but not limited to the adoption, amendment or repeal of rules and regulations and providing growers of dry beans the opportunity to offer ideas suggestions relative to commission policy.

005.2 Notice.

Notice shall be given of all public hearings held by the commission. The notice shall be published at least once either in a newspaper of general circulation in the area affected by the business of the hearing or in a newspaper of general circulation in the state, and the publication shall be made at least 30 days prior to the date of the hearing. Such notice shall contain information as to the date, time, place and purpose of the hearing.

005.3 Procedure.

The chairperson, vice-chairperson or a designated member shall serve as hearing officer. The hearing officer may appoint a hearing examiner to assist in the conduct of the hearing. The hearing officer or examiner, shall among other things, open the proceedings enter into the record the notice of hearing, take appearances, receive exhibits, answer questions or call upon other persons present to answer questions, and close the proceedings. No person shall be required to be sworn in prior to presenting any evidence, which may consist of oral or written comments and any documents. All persons presenting evidence shall state their name, address, and organization they represent, if any. All evidence is to be directed at the business of the hearing and may be excluded by the hearing officer or examiner if cumulative, repetitive, or irrelevant.

005.4 Record.

A record shall be made of the hearing, with the evidence presented being a part thereof. It may consist of written statements and any other documents, along with tape recordings or oral evidence. The record may be held open for a designated period of time at the discretion of the hearing officer for submission of any evidence not available at the time of hearing, pursuant to statue.

006 Refunds of Overpayment of Fees.

Any first purchaser or grower who would like to receive reimbursement for overpayment of fees must submit a written application for the same to the commission no later than 60 days after the date of the alleged overpayment. Said application shall state the following:

006.1 The name and address of the grower.

006.2 The name and address of the first purchaser.

006.3 The date and the payment of the overpaid fee.

006.4 The amount of fee paid.

006.5 The actual number of hundredweight of dry beans subject to the fee.

006.6 Signature of person requesting the refund, and proof of the assessment must be attached thereto.

Reimbursement will be pursuant to statute.

History

• Effective 2019-09-23