California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 2 - Pesticides › Subchapter 1 - Pesticide Registration › Article 15 - Data Cost-Sharing › Section 6310 - Dispute Resolution Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If agreement cannot be reached about the terms and amount
						of payment required pursuant to Food and Agricultural Code section
						12811.5, at any time more than 90
						days after the issuance of an irrevocable offer to pay, either the applicant,
						source, or data owner may initiate or with the consent of all parties, join a
						binding dispute resolution proceeding under the rules prescribed under Title 29
						Code of Federal Regulations, Part 1440, or its successor provision, if any, or
						other rules to which the applicant and data owner may agree.
(a) To the extent feasible, and upon mutual
					 consent of the parties, the proceeding may be consolidated with any dispute
					 resolution process taking place between the same parties and being conducted
					 pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
					 Sec 136 a et.seq.).
(b) In determining the amount due under this
					 section, the decisionmaker(s) of a dispute resolution proceeding shall
					 consider, among other factors, that the data owner's exclusive right to sell
					 the pesticide resulted in the data owner recovering all or part of the costs of
					 generating the data.
(c) The
					 finding of the decisionmaker(s) in a dispute resolution proceeding shall be
					 final and conclusive, and no official or court shall have power or jurisdiction
					 to review that finding and determination, except for fraud, misrepresentation,
					 or other misconduct by one of the parties to the dispute resolution proceeding
					 or the decisionmaker(s) where there is a verified complaint with supporting
					 affidavits attesting to specific instances of fraud, misrepresentation, or
					 misconduct.
(d) The parties to the
					 dispute resolution proceeding shall share equally in the payment of fees and
					 expenses of the dispute resolution process, except that each party shall bear
					 its legal fees and its expenses.
1. New
						article 15 (section
						6310) and section filed 3-23-2006
						as an emergency; operative 3-23-2006 (Register 2006, No. 12). A Certificate of
						Compliance must be transmitted to OAL by 7-21-2006 or emergency language will
						be repealed by operation of law on the following day.
2. New article
						1.5 (section
						6310) and section refiled 7-19-2006
						as an emergency; operative 7-19-2006 (Register 2006, No. 29). A Certificate of
						Compliance must be transmitted to OAL by 11-16-2006 or emergency language will
						be repealed by operation of law on the following day.
3. Certificate
						of Compliance as to 7-19-2006 order transmitted to OAL 11-9-2006 and filed
						12-19-2006 (Register 2006, No. 51).
Note: Authority cited: Section
						  12811.5,
						  Food and Agricultural Code. Reference: Section
						  12811.5,
						  Food and Agricultural Code.