Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-12 - SEED DIVISION › Subject 40-12-6 - SEED ARBITRATION › Rule 40-12-6-.05 - Hearing Procedures

Current through Rules and Regulations filed through June 27, 2024
(1) The Secretary of the Council shall be
				responsible for setting the tentative hearing date pursuant to Code section
				2-11-75.
(2) Prior to scheduled hearings, the
				Secretary shall provide Council members and alternates with all seed complaint
				correspondence and investigation records.
(3) The informal hearing process shall
				provide a setting where each party involved in a seed dispute will be afforded
				the opportunity to present its side directly to the Council.
(4) Within ten (10) days of receipt of a
				response from the seller, the Council shall schedule an informal hearing.
				Notice shall be sent by certified or registered mail to all parties at least
				two (2) weeks prior to the scheduled hearing date.
(5) Four (4) members and/or alternates shall
				constitute a quorum and such quorum shall be present for the conducting of all
				Council business.
(6) All hearings
				shall be recorded and may be transcribed at the discretion of and upon vote of
				the Council.
(7) Attorneys may be
				present at hearings, but shall not participate directly in the
				hearing.
(8) The following
				guidelines are recommended for hearing agendas but are not required:
(a) Call to Order by Chairperson or Acting
				Chairperson.
(b) Introductory
				remarks and reading of written complaint by Chairperson or other designated
				member.
(c) Complainant is provided
				opportunity to describe complaint, present relevant facts and present written
				estimate of loss.
(d) Seed
				seller(s) is provided opportunity to present response to seed complaint
				including presentation of relevant facts.
(e) Council members and/or alternates are
				provided opportunity to report field observations and present written
				report.
(f) Agricultural
				specialists assigned to investigate seed quality and crop are provided
				opportunity to present their report.
(g) Council members or serving alternates are
				provided opportunity to examine complainant or seller and obtain any other
				pertinent information relating to the complaint.
(h) Council receives and reviews any varietal
				grow-out test, pathological assays, or other evaluations, as
				required.
(i) Opportunity given for
				Council members and/or alternates and other participants to ask questions for
				clarification.
(j) All participants
				other than Council members and alternates are dismissed and Council deliberates
				on complaint and formulates recommendation in closed session.
(k) Council transmits findings and
				recommendations to the Commissioner within thirty (30) days of the hearing
				date. In such report, the council may make any recommendations it deems fair
				and equitable under the circumstances presented. These recommendations are up
				to the discretion of the council and may include, but are not limited to, the
				following:
1. That no action be
				taken;
2. That money damages be
				paid to the purchaser as a result of the alleged failure of the seed to conform
				to or perform as represented by the seed label, container, or invoice; or that
				money damages be paid to the purchaser of a commercial fruit or nut tree(s) as
				a result of the alleged failure of the tree(s) to be the variety represented to
				the purchaser. Such damages shall not be less than three times the purchase
				price in the case of fruit trees or six times the purchase price in the case of
				nut trees;
3. That the seller
				reimburse the purchaser for the amount of the filing fee paid to enter the
				arbitration process; or
4. Such
				other recommendation found by the council to be fair and equitable to the
				parties.
(l) The
				Commissioner transmits the Council's findings and recommendations to the
				affected parties by certified or registered mail.
(m) Within thirty (30) days of the date the
				Commissioner mails the Council's decision to the purchaser and seller, the
				purchaser and seller shall give written notice to the Commissioner of their
				acceptance or rejection of the Council's recommendations.
(n) The Commissioner shall notify each party
				to the complaint of the acceptance or rejection by the purchaser and seller. If
				the Council's recommendations are rejected, the complainants are to be notified
				of their right to pursue legal action.