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Chapter 128: Section 111. Effect
of marketing agreements or marketing orders; execution or issuance of
one without other; concurrent hearings.
Section
111. The execution of one or more marketing agreements pursuant to section
one hundred and four of this chapter shall in no manner affect
the issuance, administration or enforcement of any marketing order provided
for in said sections one hundred and two through one hundred and
fifteen. The commissioner may issue such marketing order without executing
a marketing agreement or may execute a marketing agreement without issuing
a marketing order covering the same fresh or processed apples. The commissioner,
in his discretion, may hold a concurrent hearing upon a proposed marketing
agreement and a proposed marketing order after giving due notice and opportunity
for hearing.
Chapter 128: Section
112. Issuance, amendment or termination of marketing orders; deposit to
defray expenses; reimbursement.
Section 112. Prior to the issuance, amendment or termination of any marketing
order pursuant to section one hundred and five of this chapter, the commissioner
may require the applicants for such issuance, amendment or termination
to deposit with him such amount as he may deem necessary to defray the
expenses of preparing and making effective, amending or terminating a
marketing order. Such funds shall be received, deposited and disbursed
by the commissioner in the same manner as assessments received by him
under section one hundred and thirteen of this chapter. In the event the
application for adoption, amendment or termination of a marketing order
is approved in a referendum, the commissioner shall reimburse any such
applicant on a pro rata basis, up to the amount of any such deposit, to
the extent that any unexpended monies collected under such marketing order
remain in the trust fund established under section one hundred and thirteen
of this chapter with respect to such order.
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