§ 3-409 — Findings

A. Based on testimony received at the public meeting, the director may recommend to the petitioners that the proposed marketing order be modified. If the petitioners make any substantial changes to the proposed marketing order after the public meetings, there shall be at least one additional public meeting to receive evidence and testimony regarding the revised marketing order. If the petitioners make only technical changes to the proposed marketing order, no additional public meeting is required.

B. The director shall approve the marketing order if the director finds:

1. The same marketing agreement or marketing order program is not in effect for the affected commodity in the territory described by the proposed marketing order.

2. The marketing order complies with this article.

3. The costs of administering the proposed marketing order are met by the proposed assessment, if an assessment is necessary.

C. The director shall issue a decision to be mailed to all persons appearing at the public meeting within twenty days after the conclusion of all public meetings. The decision shall state the director's findings, the method of voting on the proposed marketing order and a summary of the evidence and testimony presented at the public meetings.