Minnesota Administrative Rules
Agency 105 - Agriculture Department
Chapter 1572 - AGRICULTURAL CONTRACTS
Part 1572.0020 - MEDIATION AND ARBITRATION
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Procedure.
If mediation or arbitration services are requested, the commissioner may refer the parties to outside mediation or arbitration services or conduct the services within the department of agriculture. Mediation and arbitration activities of the commissioner must be conducted according to the Uniform Arbitration Act in Minnesota Statutes, sections 572.08 to 572.30, and the Minnesota Civil Mediation Act in Minnesota Statutes, sections 572.31 to 572.40.
Mediation or arbitration services provided by the commissioner under this part must be provided according to the terms of the contract between the parties. In addition, the commissioner shall require the providers of any outside mediation or arbitration services to which the commissioner refers the parties to conduct arbitration or mediation proceedings according to the terms of the contract between the parties.
Subp. 2. Limitations.
The commissioner may not accept a request under subpart 1 if the contract governing the dispute between the parties contains an arbitration or mediation clause, and if:
Subp. 3. No review.
The commissioner shall not review decisions made under a mediation or arbitration proceeding between a contractor and a producer, or otherwise provide services under subpart 1 relative to a matter that was disputed in the arbitration or mediation proceedings.
Subp. 4. Findings.
The findings and order of an arbitrator under this part are prima facie evidence of the matters contained in them.
Subp. 5. Seed.
If arbitration is required in a contract for seed, as defined in Minnesota Statutes, section 21.81, subdivisions 3, 8, and 32, the arbitration procedure in items A to C applies.
"Arbitration is required as a precondition of maintaining certain legal actions, counterclaims, or defenses against a seller of seed for damages for the failure of seed for planting to produce or perform as represented by a seed tag or label."
An alternate member may serve only in the absence of the member for whom the person is an alternate.
The council shall select a chair and a secretary from its membership. The chair shall conduct meetings and deliberations of the council and direct all of its other activities. The secretary shall keep accurate records of all meetings and deliberations and perform other duties for the council as the chair may direct.
The purpose of the council is to conduct arbitration as provided in this part. The council may be called into session by or at the direction of the commissioner or upon direction of its chair to consider matters referred to it by the commissioner or the chair in accordance with this part.
Subp. 6. Clause required.
Contract mediation or arbitration clauses are required in contracts signed by Minnesota producers.
Subp. 7. Sample copies of contracts.
A contractor using a written commodity contract must submit to the commissioner a sample copy of each contract offered to producers. Schedules of prices and charges need not be included. Contract samples must be submitted to the commissioner and made available to producers at least 30 days before the contract crops are planted or the contract livestock is placed in the producer's facility.
Subp. 8. Effective date.
Minnesota Statutes, section 17.91, applies only to contracts signed after August 1, 1990.
Statutory Authority: MS s 17.945