(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.
O.C.G.A. Sec.
2-11-77.
