N.Y. Comp. Codes R. & Regs. tit. 1 § 19.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 19.3 - Market administrator

(a) Designation. The agency for the administration of the order shall be a market administrator selected by the commissioner and subject to removal at the commissioner's discretion. The market administrator shall be entitled to compensation determined by the commissioner.

(b) Powers. The market administrator shall have the following powers with respect to the order:

(1) administer the order in accordance with its terms and provisions;

(2) make rules and regulations to effectuate the terms and provisions of the order;

(3) receive, investigate, and report complaints of violations to the commissioner; and

(4) recommend amendments to the commissioner.

(c) Duties. The market administrator shall perform all the duties necessary to administer the terms and provisions of the order, including but not limited to the following:

(1) employ and fix the compensation of persons necessary to enable him to exercise his powers and perform his duties;

(2) pay out of funds provided by the administrative assessment, except expenses associated with functions for which the order provides a separate charge, all expenses necessarily incurred in the maintenance and functioning of his office and in the performance of his duties, including his own compensation;

(3) keep records which will clearly reflect the transactions provided for in the order and, upon request by the commissioner, surrender the records to his successor or such other person as the commissioner may designate;

(4) furnish information and reports requested by the commissioner and submit his records to examination by the commissioner;

(5) announce publicly at his discretion, unless otherwise directed by the commissioner, by such means as he deems appropriate, the name of any handler who, after the date upon which he is required to perform such act, has not:

(i) made reports required by the order;

(ii) made payments required by the order; or

(iii) made available records and facilities as required pursuant to section 19.5 of this Part;

(6) prescribe reports required of each handler under the order. Verify such reports and the payments required by the order of examining records (including such papers as copies of income tax reports, fiscal and product accounts, correspondence, contracts, documents or memoranda of the handler, and the records of any other persons that are relevant to the handler's obligation under the order), by examining such handler's milk handling facilities; and by such other investigation as the market administrator deems necessary for the purpose of ascertaining the correctness of any report or any obligation under the order; reclassify skim milk and butterfat received by any handler if such examination and investigation discloses that the original classification was incorrect;

(7) furnish each regulated handler a written statement of such handler's accounts with the market administrator promptly each month; furnish a corrected statement to such handler if verification discloses that the original statement was incorrect; and

(8) prepare and disseminate publicly, for the benefit of producers, handlers and consumers, such statistics and other information concerning operation of the order and facts relevant to the provisions thereof (or proposed provisions) as do not reveal confidential information.

N.Y. Comp. Codes R. & Regs. Tit. 1 § 19.3