4503 - Powers and duties of secretary.

     § 4503.  Powers and duties of secretary.        (a)  Administration and enforcement of chapter.--Subject to     the provisions contained in this chapter, the secretary shall     administer and enforce the provisions of this chapter and shall     have and shall exercise all administrative powers necessary to     effectuate the purposes of this chapter, including the issuance     of marketing programs, the appointment of members to commodity     marketing boards as provided in section 4504 (relating to     commodity marketing board) and the providing of personnel,     staff, legal counsel and office facilities required for the     administration and enforcement of marketing programs.        (b)  Grounds for public hearing.--Whenever the secretary has     reason to believe that the issuance of a marketing program or     amendments to an existing marketing program will tend to     effectuate this chapter, the secretary shall, either upon his     own motion or upon application of any producer or any     organization of producers, give due notice of an opportunity for     a public hearing upon a proposed marketing program or amendments     to an existing marketing program.        (c)  Publication of notice of hearing.--Notice of any hearing     called for this purpose shall be given by the secretary by     publishing a notice of the hearing, for a period of not less     than five consecutive publication days, in a daily newspaper of     general circulation published in the capital of the Commonwealth     and in any other newspaper or newspapers as the secretary may     prescribe. No public hearing shall be held prior to 20 days     after the last day of the period of publication.        (d)  Mailing to producers.--The secretary shall also mail a     copy of the notice of a hearing and a copy of the proposed     marketing program or proposed amendments to all producers whose     names and addresses appear upon lists of such persons which     shall be compiled in the department.        (e)  Specifics of notice.--The notice of hearing shall set     forth the date and place of the hearing and the area covered by     the proposed marketing program or the proposed amendments and a     statement that the secretary will receive at the hearing, in     addition to testimony and evidence as to the proposed marketing     program, testimony and evidence as to other necessary and     relevant matters, including rate of assessment, and with respect     to the accuracy and sufficiency of lists on file with the     secretary which show the names and addresses of producers and     the quantities of agricultural commodities produced by the     producers in the marketing season next preceding the hearing.        (f)  Hearing requirements.--The hearing shall be public, and     all testimony shall be received under oath. A full and complete     record of all proceedings at the hearings shall be made and     maintained on file in the office of the secretary. At hearings     the secretary shall receive, in addition to other necessary and     relevant matters, testimony and evidence regarding the rate of     assessment and testimony and evidence with respect to the     accuracy and sufficiency of the lists on file with the secretary     which show the names of the producers and the quantities of     agricultural commodities produced by the producers in the     marketing season next preceding the hearing.        (g)  Issuance of marketing program.--After notice and     hearing, the secretary may issue a marketing program if the     secretary finds and sets forth in the marketing program that the     program will tend to effectuate the purposes of this chapter.