North Dakota Administrative Code Title 91 - Wheat Commission
Overview: North Dakota Administrative Code Title 91 – Wheat Commission
The North Dakota Wheat Commission is a state agency established to promote and support the wheat industry in North Dakota. The administrative code under Title 91 governs how the commission operates, including the collection and use of funds, governance, research, marketing, and other activities related to wheat.
Purpose of Title 91 - Wheat Commission
The Wheat Commission's primary purposes, as outlined in the administrative code, include:
Collecting assessments on wheat producers to fund research, marketing, and education efforts.
Promoting the wheat industry both within the state and nationally.
Funding wheat research to improve production, disease resistance, and marketability.
Managing marketing programs to expand markets for North Dakota wheat.
Administering grants and contracts for wheat-related projects.
Reporting to the state legislature and ensuring transparency in the use of funds.
The code defines how the commission is formed, how members are appointed, and how meetings and decision-making processes are conducted.
Key Provisions in Title 91
Assessment and Collection
Wheat producers pay an assessment (a fee) based on their wheat sales.
These funds are used solely for the commission’s purposes.
The code regulates how assessments are calculated and collected.
Commission Membership and Governance
The commission is typically made up of appointed wheat producers.
Rules detail appointment terms, eligibility, and duties.
Use of Funds
Funds must be spent on approved activities like research and marketing.
Detailed record-keeping and reporting requirements ensure accountability.
Rules on Marketing and Promotion
The commission can enter contracts to promote wheat.
Marketing programs must align with state policies.
Hearings and Appeals
Procedures for hearings if a producer disputes an assessment.
Right to appeal administrative decisions is provided.
Interaction with Case Law
While the North Dakota Wheat Commission operates mostly under administrative rules, court cases can arise regarding:
Legality of assessments
Proper use of funds
Due process in hearings and appeals
Authority of the commission
Below are some types of case law examples relevant to similar agricultural commissions, which would likely apply to Title 91:
1. Due Process and Assessment Disputes
In cases where a wheat producer disputes an assessment or fine, courts have looked at whether the commission followed procedural due process. For example:
Due Process Requirements: Courts require that the commission provide fair notice, an opportunity to be heard, and an impartial decision-maker.
If the commission fails in these, courts may void or remand decisions.
Hypothetical case summary:
A producer challenged an assessment claiming the commission did not notify them properly before collecting the fee. The court found the commission violated due process and ordered reassessment following proper procedures.
2. Scope of Authority
Disputes sometimes arise over whether the commission exceeded its authority under the state statute and administrative code:
Courts interpret the enabling statute and administrative rules.
If the commission acts beyond what the legislature authorized, courts can invalidate those actions.
Hypothetical example:
If the commission used funds for purposes unrelated to wheat research or promotion (e.g., general state programs), a court might rule this ultra vires (beyond the powers) and require restitution.
3. Contract and Procurement Disputes
The commission often contracts with research institutions or marketing firms. Cases may involve:
Whether the commission followed procurement laws.
Contract breaches by either party.
Courts may enforce contracts strictly or void them for procedural defects.
Summary
North Dakota Administrative Code Title 91 creates a legal framework for managing the wheat industry’s self-funded commission. It establishes governance, financial procedures, and powers to promote wheat production and marketing.
Courts ensure that the commission operates within the law, respects due process, and manages funds properly. Case law typically involves procedural fairness in assessments, limits on commission powers, and contract enforcement.
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