Section 001-60-VIII - Recognition as an Eligible Marketing CooperativeAny organization applying for recognition as an eligible marketing cooperative shall:
A. Furnish the Commissioner with current copies of the following documents: 1. certificate of organization;2. articles of incorporation;4. corporate resolutions relating to over-order premiums;5. specimen copies of all membership and/or marketing agreements;6. all contracts or agreements made for the purchase, sale, transportation or other disposition of milk within the New England states.B. Provide the Commissioner with a written statement signed by a responsible person on behalf of the applicant organization containing the following information 1. summaries of all unwritten contracts or agreements for the purchase, sale, transportation or other disposition of milk within the New England states;2. the purpose of the organization's formation;3. a summary of the actual activities the organization engages in and plans to engage in;4. the number of individual producers who have executed membership and/or marketing agreements either individually or through other cooperatives to which those producers belong, and the estimated monthly production of such producers;5. the information requested in item 4 (total producer members and estimated total pounds) broken down so as to show the number of members' farms and estimated total production of such farms within and without the State of Maine;6. a summary description of the basis upon which premiums are expected to be collected from dealers/ handlers and the basis upon which such premiums are expected to be redistributed to members;7. a statement as to whether the collection and redistribution described in item 6 are expected to be made at an equal rate for all members of the organization, and if not, a description of expected variations;8. if the anticipated (or actual) administrative and other charges to be deducted are not to be made on an equal basis, details as to such variations;9. the anticipated (or actual) monthly timetable for collection of the premium and redistribution to members;10. a statement as to whether and to what extent the expectations set forth in subparagraphs 1-9 may be subject to change. The commissioner may require such additional information from the applicant as may in his judgment be necessary to determine the eligibility of the marketing cooperative under these rules.
The Commissioner may also commence an adjudicatory proceeding on the application pursuant to subchapter IV and subchapter V of the Maine Administrative Procedure Act, 5 M.R.S.A., Section8001 et. seq.
The Commissioner may also require, from time to time, from any eligible marketing cooperative, such additional information and documentation of the types contemplated by this Section VIII as the Commissioner may in his judgment deem necessary to determine the continuing eligibility of such organization.
01-001 C.M.R. ch. 60, § VIII