Title 62 W. Va. C.S.R.

Historical publisher filings: 2 final-file versions labelled Historical by the Secretary of State are included. They are earlier publisher editions, not verified current rules.

Beef Industry Self-Improvement Assessment Board Beef Industry Self-Improvement Assessment Board

Series 01 Beef Industry Self-Improvement Assessment Program

W. Va. Code R. § 62-1-1 General

1.1. Scope. -- These legislative regulations establish general operating rules and procedures for the Beef Industry Self-Improvement Assessment Program.

1.2. Authority. -- W. Va. Code '19-2F-6.

1.3. Filing Date. -- April 1, 1986.

1.4. Effective Date. -- April 1, 1986.

W. Va. Code R. § 62-1-2 Definitions

2.1. Buying station. -- A place where livestock are received from producers and are assembled for resale.

2.2. Cattle. -- Bison or bovine animals of any age.

2.3. Livestock dealer. -- Any person who buys, receives or assembles livestock for resale, either for his own account or that of another person.

2.4. Order buyer. -- Any person buying or receiving animals or soliciting or negotiating the sale of animals for or on behalf of any other person, company, partnership, association or corporation.

2.5. Packer. -- A person engaged in the business of slaughtering or processing animals for resale.

2.6. Person. -- Any individual, partnership, corporation, association, fiduciary or other groups of persons whether organized or not.

2.7. Livestock market. -- A place of business issued a permit by the West Virginia Department of Agriculture who act as agents between buyers and sellers of livestock.

2.8. Research and Promotion. -- Program activities of the Board and/or its employees or authorized by the Board through contract which enhances the sale and profit potential of the state's beef industry.

2.9. Fiscal year. -- "Fiscal Year" shall be July 1 through June 30 of the following year.

2.10. Quorum. -- "Quorum" is a majority of the members of the Board.

W. Va. Code R. § 62-1-3 Regulations

3.1. Beef Industry Self-Improvement Assessment Board. -- This program shall be administered by the West Virginia Beef Industry Self-Improvement Assessment Board consisting of nine (9) persons who will elect a chairman, secretary and treasurer.

3.2. Chairman: Duties. -- The chairman shall preside at all regular and special meetings of the Board, shall appoint all committees, and shall have general supervision of the affairs of the Board. A quorum must be present at all regular and special meetings of the Board. The chairman shall further perform all duties usually pertaining to that office.

3.3. Secretary: Duties. -- The secretary shall keep accurate records of the proceedings of the Board and record minutes at all meetings.

3.4. Treasurer: Duties. -- The treasurer shall collect and deposit all moneys paid into the program and shall pay all bills and obligations of the Board when properly certified and directed. The treasurer shall keep an accurate account of all moneys received and paid out and shall be ready at all times to report on the condition of the treasury.

3.5. Meetings of the Board. -- The Board shall meet four (4) times a year, once in each calendar year quarter. The dates shall be established at the first quarterly calendar year meeting. Additional meetings may be called by the chairman or by a majority of the Board. Notices of all regular and special meetings of the Board shall be made by mail to each member of the Board at his or her home address. All meetings shall be open to the public.

3.6. Election of officers. -- The officers of the Board shall be elected by a majority vote of the members at the first meeting of each calendar year. The officers shall assume their duties immediately upon election.

3.7. Executive committee. -- The chairman, secretary and treasurer shall constitute the executive committee of the Board.

3.8. Employing personnel. -- The Board may employ personnel deemed necessary to carry out the provisions of this program. The Board will be an equal opportunity employer.

3.9. Contracts. -- The Board may contract for services and/or assistance. All such contracts shall meet legal requirements of the State Code.

3.10. Records. -- The Board shall keep a complete and accurate record of all transactions as necessitated by state law. These records shall be open for public inspection at all reasonable times.

3.11. Business of Board. -- Business of the Board shall be conducted on a fiscal year basis.

W. Va. Code R. § 62-1-4 Assessments

4.1. Assessment fee. -- An assessment fee of one dollar ($1.00) per head shall be collected on all fee eligible cattle purchased.

4.2. Forwarding assessment. -- Persons collecting the assessment fee shall forward to the Board on forms provided by the Board, if they are regular filers, the number of cattle on which the assessments were made and the assessment less five percent (5%). All collections shall be remitted within thirty (30) days of the time collected. Occasional filers will file the same information on any type form.

W. Va. Code R. § 62-1-5 Refunds

5.1. Requests for refunds. -- Requests for refunds shall be made on forms provided by the Board.

5.2. Approval and payment of refunds. -- Requests received by the Board for a refund shall be reviewed by those empowered to do so and if the request is found to be valid, the refund shall be processed within thirty (30) days.

5.3. Final decision: Executive committee. -- If a question arises regarding the validity of a refund request, the final decision shall be made by the executive committee.

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W. Va. Code R. § 62-1-1 General

1.1. Scope. -- These legislative regulations establish general operating rules and procedures for the Beef Industry Self-Improvement Assessment Program.

1.2. Authority. -- W. Va. Code '19-2F-6.

1.3. Filing Date. -- April 1, 1986.

1.4. Effective Date. -- April 1, 1986.

W. Va. Code R. § 62-1-2 Definitions

2.1. Buying station. -- A place where livestock are received from producers and are assembled for resale.

2.2. Cattle. -- Bison or bovine animals of any age.

2.3. Livestock dealer. -- Any person who buys, receives or assembles livestock for resale, either for his own account or that of another person.

2.4. Order buyer. -- Any person buying or receiving animals or soliciting or negotiating the sale of animals for or on behalf of any other person, company, partnership, association or corporation.

2.5. Packer. -- A person engaged in the business of slaughtering or processing animals for resale.

2.6. Person. -- Any individual, partnership, corporation, association, fiduciary or other groups of persons whether organized or not.

2.7. Livestock market. -- A place of business issued a permit by the West Virginia Department of Agriculture who act as agents between buyers and sellers of livestock.

2.8. Research and Promotion. -- Program activities of the Board and/or its employees or authorized by the Board through contract which enhances the sale and profit potential of the state's beef industry.

2.9. Fiscal year. -- "Fiscal Year" shall be July 1 through June 30 of the following year.

2.10. Quorum. -- "Quorum" is a majority of the members of the Board.

W. Va. Code R. § 62-1-3 Regulations

3.1. Beef Industry Self-Improvement Assessment Board. -- This program shall be administered by the West Virginia Beef Industry Self-Improvement Assessment Board consisting of nine (9) persons who will elect a chairman, secretary and treasurer.

3.2. Chairman: Duties. -- The chairman shall preside at all regular and special meetings of the Board, shall appoint all committees, and shall have general supervision of the affairs of the Board. A quorum must be present at all regular and special meetings of the Board. The chairman shall further perform all duties usually pertaining to that office.

3.3. Secretary: Duties. -- The secretary shall keep accurate records of the proceedings of the Board and record minutes at all meetings.

3.4. Treasurer: Duties. -- The treasurer shall collect and deposit all moneys paid into the program and shall pay all bills and obligations of the Board when properly certified and directed. The treasurer shall keep an accurate account of all moneys received and paid out and shall be ready at all times to report on the condition of the treasury.

3.5. Meetings of the Board. -- The Board shall meet four (4) times a year, once in each calendar year quarter. The dates shall be established at the first quarterly calendar year meeting. Additional meetings may be called by the chairman or by a majority of the Board. Notices of all regular and special meetings of the Board shall be made by mail to each member of the Board at his or her home address. All meetings shall be open to the public.

3.6. Election of officers. -- The officers of the Board shall be elected by a majority vote of the members at the first meeting of each calendar year. The officers shall assume their duties immediately upon election.

3.7. Executive committee. -- The chairman, secretary and treasurer shall constitute the executive committee of the Board.

3.8. Employing personnel. -- The Board may employ personnel deemed necessary to carry out the provisions of this program. The Board will be an equal opportunity employer.

3.9. Contracts. -- The Board may contract for services and/or assistance. All such contracts shall meet legal requirements of the State Code.

3.10. Records. -- The Board shall keep a complete and accurate record of all transactions as necessitated by state law. These records shall be open for public inspection at all reasonable times.

3.11. Business of Board. -- Business of the Board shall be conducted on a fiscal year basis.

W. Va. Code R. § 62-1-4 Assessments

4.1. Assessment fee. -- An assessment fee of one dollar ($1.00) per head shall be collected on all fee eligible cattle purchased.

4.2. Forwarding assessment. -- Persons collecting the assessment fee shall forward to the Board on forms provided by the Board, if they are regular filers, the number of cattle on which the assessments were made and the assessment less five percent (5%). All collections shall be remitted within thirty (30) days of the time collected. Occasional filers will file the same information on any type form.

W. Va. Code R. § 62-1-5 Refunds

5.1. Requests for refunds. -- Requests for refunds shall be made on forms provided by the Board.

5.2. Approval and payment of refunds. -- Requests received by the Board for a refund shall be reviewed by those empowered to do so and if the request is found to be valid, the refund shall be processed within thirty (30) days.

5.3. Final decision: Executive committee. -- If a question arises regarding the validity of a refund request, the final decision shall be made by the executive committee.

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