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Section 76-21-22 – Public Purchases Act; Personnel Act; exemption; Tort Claims Act.

The commission is exempt from the operation of the Public Purchases Act [repealed] and the Personnel Act [Chapter 10, Article 9 NMSA 1978]. The commission members and their employees are public employees for the purposes of the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978]. History: Laws 1983, ch. 231, § 22. ANNOTATIONS Bracketed material. […]

Section 76-21-21 – Disposition of funds.

A. All funds received by the commission shall be received by the commission and disbursed directly by the commission according to procedures approved by the director and shall be subject to audit by the state auditor at his discretion. The commission is not required to submit vouchers, purchase orders or contracts to the department of […]

Section 76-21-12 – Removal of members.

A. The director shall immediately declare the office of any member of the commission vacant whenever such member has ceased to be an active producer or handler in this state, has become a resident of another state or is not performing the duties of his office. B. The director may remove any member of the […]

Section 76-21-13 – Commission organization; meetings.

The commission shall meet as soon as practicable for the purpose of organizing. It shall elect a chairman and a secretary-treasurer from among its members. It shall adopt a general statement of policy for guidance and shall transact such other business as is necessary to start the work of the commission. Thereafter, the commission shall […]

Section 76-21-14 – Authority of commission generally.

The commission may: A. conduct or cause to be conducted studies to increase the commercial value of, expand current markets and find new markets for and establish or provide for the establishment of marketing development projects for the commodity and products thereof; B. disseminate or cause to be disseminated, reliable information relative to market conditions, […]

Section 76-21-15 – Levy of assessment on commodity sales.

A. The commission may assess, levy and collect an assessment, the amount of which shall not exceed the maximum stated in the petition for referendum, on all units, plants or animals of the commodity produced or handled within this state and sold in commercial channels. If the commission determines it is impractical to assess on […]

Section 76-21-16 – Refunds.

Any producer on whose behalf an assessment has been paid is entitled to a refund of the amount paid by making written application therefor to the commission. The application shall be made within thirty days after the sale was made giving rise to the assessment and shall contain enough detail to enable the commission to […]

Section 76-21-17 – First purchaser of commodity to make reports and pay assessment.

A. On dates established by the commission, the first purchaser shall provide prescribed information and reports on forms designated by the commission. B. The first purchaser shall deduct an assessment at the time of sale and pay to the commission the amount of the assessment on dates established by the commission. History: Laws 1983, ch. […]

Section 76-21-18 – Records of person required to pay assessment.

Each person required to pay an assessment on a commodity under the Agricultural Commodity Commission Act shall keep records sufficient to enable the commission to determine by inspection and audit the accuracy of assessments paid or due to the commission and of reports made or due to the commission. The commission or any person authorized […]

Section 76-21-19 – Records and accounts of commission.

The commission shall: A. submit to the director for approval a detailed annual budget for the commission on a fiscal year basis and provide a copy of such budget upon request to any person who has paid an assessment; B. bond officers and employees of the commission who receive and disburse commission funds; C. keep […]