Page:United States Statutes at Large Volume 114 Part 2.djvu/897

 PUBLIC LAW 106-387 —APPENDIX 114 STAT. 1549A-83 (B) ADJUSTMENT IN BOARD REPRESENTATION. —Three years after the assessment of Hass avocados commences pursuant to an order, and at the end of each 3-year period thereafter, the Avocado Board shall adjust the proportion of producer representatives to importer representatives on the Board under subparagraph (A)(iii) on the basis of the amount of assessments collected from producers and importers over the immediately preceding 3-year period. Any adjustment under this subparagraph shall be subject to the review and approval of the Secretary. (3) NOMINATION PROCESS.—The order shall provide that— (A) two nominees shall be submitted for each appointment to the Board; (B) nominations for each appointment of a producer or an importer shall be made by domestic producers or importers, respectively— (i) in the case of producers, through an election process which utilizes existing organizations of avocado producers established pursuant to a State statute, with approval by the Secretary; and (ii) in the case of importers, nominations are submitted by importers under such procedures as the Secretary determines appropriate; and (C) in any case in which producers or importers fail to nominate individuals for an appointment to the Board, the Secretary may appoint an individual to fill the vacancy on a basis provided in the order or other regulations of the Secretary. (4) ALTERNATES.— The order shall provide for the selection of alternate members of the Board by the Secretary in accordance with procedures specified in the order. (5) TERMS.— The order shall provide that— (A) each term of appointment to the Board shall be for 3 years, except that, of the initial appointments, four of the appointments shall be for 2-year terms, four of the appointments shall be for 3-year terms, and four of the appointments shall be for 4-year terms; and (B) no member of the Board may serve more than 2 consecutive terms of 3 years, except that any member serving an initial term of 4 years may serve an additional term of 3 years. (6) REPLACEMENT.— (A) DISQUALIFICATION FROM BOARD SERVICE.— The order shall provide that if a member or alternate of the Board who was appointed as a domestic producer or importer ceases to belong to the group for which such member was appointed, such member or alternate shall be disqualified from serving on the Board. (B) MANNER OF FILLING VACANCY. — ^A vacancy arising as a result of disqualification or any other reason before the expiration of the term of office of an incumbent member or alternate of the Board shall be filled in a manner provided in the order. (7) COMPENSATION. —The order shall provide that members and alternates of the Board shall serve without compensation, but shall be reimbursed for the reasonable expenses incurred in performing duties as members or alternates of the Board. 79-194O-00 -29:QL3Part2

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