Board of control

(1) Any marketing order pursuant to this article shall provide for the establishment of a board of control to administer such order in accordance with its terms and provisions. The members of the board shall be appointed by the commissioner from nominations submitted by the industry and shall hold office until the expiration of their term or until such appointment is withdrawn by the commissioner for cause. All nominations for board members submitted by the industry affected by the marketing order affecting wheat shall be submitted to the commissioner prior to the beginning of the fiscal year for such industry established pursuant to section 35-28-113 (4) or by rule. If the marketing order affects directly only producers of a particular commodity, the members of the board shall be producers. If the marketing order affects directly only handlers of a particular commodity, the members of the board shall be handlers. If the marketing order affects directly both producers and handlers of a particular commodity such board shall be composed of both producers and handlers. The number of producers or handlers upon any such board shall be such number of producers or handlers as the commissioner finds is necessary to properly administer such order. (2) A member of a board of control shall not receive a salary but may receive an amount equal to the member's actual expenses incurred while engaged in performing the member's duties authorized in this article 28. The commissioner may authorize the board to employ necessary personnel, including an attorney approved by the attorney general; fix their compensation and terms of employment; and incur such expenses, to be paid by the commissioner from money collected as provided in sections 35-28-113 and 35-28-114, as the commissioner deems necessary and proper to enable the board properly to perform such of its duties as are authorized in this article 28. The duties of any such board are administrative only and include only the following: (a) Subject to the approval of the commissioner to administer such marketing agreement or order; (b) To recommend to the commissioner administrative rules and regulations relating to the marketing agreement or order; (c) To receive and report to the commissioner complaints of violations of the marketing agreement or order; (d) To recommend to the commissioner amendments to the marketing agreement or order; (e) To submit to the commissioner for the commissioner's approval an estimated budget of expense necessary for the operation of any marketing agreement or order established by authority of this article 28 and also to submit for approval a method of assessing and collecting such money, as the commissioner finds necessary for the administration of such marketing agreement or order; (f) To assist the commissioner in the collection of such necessary information and data as the commissioner may deem necessary to the proper administration of this article; (g) To cooperate with colleges and universities, other research institutions, or groups for the purpose of seeking methods of greater utilization of wheat and wheat products.