N.D. Admin. Code Title 100 — State Seed Arbitration Board

Article 100-01 General Administration

Chapter 100-01-01 Organization of State Seed Arbitration Board

N.D. Admin. Code 100-01-01-01 Organization of state seed arbitration board

1.History and function. The state seed arbitration board was established by the legislative assembly in 1989 as a state seed mediation board. It was reestablished as a state seed arbitration board by the legislative assembly in 1991. Its function is to arbitrate disputes among seed labelers, seed dealers, and seed customers involving seed transactions.

2.Board membership. The board consists of six members as designated in North Dakota Century Code section 4.1-54-01. Any four members constitute a quorum for the transaction of business.

3.Officers - Duties. The board shall annually elect a chair from among its members. The chair shall conduct all meetings held by the board and direct all other activities of the board. The board shall keep accurate and correct records on all meetings, hearings, and deliberations.

The meetings and hearings of the board shall be held at such times and places as the chair may determine.

4.Inquiries. General inquiries regarding the state seed arbitration board may be addressed to:

State Seed Arbitration Board Attn: Agriculture Commissioner 600 East Boulevard Avenue, Dept. 602 Bismarck, ND 58505-0020 Telephone: (701) 328-2231 (800) 242-7535 Fax: (701) 328-4567

History

• History: Effective July 1, 1992; amended effective April 1, 2002.
• General Authority: NDCC 4.1-54-03
• Law Implemented: NDCC 4.1-54-01, 4.1-54-03

Article 100-02 Seed Arbitration

Chapter 100-02-01 Seed Arbitration Process

N.D. Admin. Code 100-02-01-01 Seed arbitration process

Repealed effective April 1, 2002. 100-02-01-01.1. Definitions.

The terms used throughout this chapter have the same meaning as in North Dakota Century Code

chapter 4.1-53, except:

1."Board" means the state seed arbitration board established under North Dakota Century Code

section 4.1-54.

2."Dispute involving a seed transaction" means an instance in which a seed customer suffers damage because seed does not produce or perform in conformance with the labeling or warranty or because of negligence by the seed dealer or seed labeler.

3."Seed" has the same meaning as "agricultural seed" as defined in North Dakota Century Code

chapter 4.1-53.

N.D. Admin. Code 100-02-01-02 Petition procedure

1.In the event of a dispute involving a seed transaction, a seed labeler, seed dealer, or seed customer may petition for seed arbitration by filing a written complaint with the agriculture commissioner. The complaint must be filed at the address listed in section 100-01-01-01. The petitioner shall, in addition to the written complaint, submit an initial fee of two hundred fifty dollars payable to the "state seed arbitration board". The petitioner shall serve a copy of the complaint upon each party to which the complaint is directed.

2.The filing of a petition for arbitration is not a prerequisite to a person's right to maintain a civil action.

3.If seed, which is the basis of the complaint, is labeled by a person other than a seed dealer who sells directly to the farmer or other purchaser of seed, the commissioner shall mail a copy of the complaint to the person responsible for labeling the seed in order for the person to have an opportunity to file an answer.

N.D. Admin. Code 100-02-01-03 Content of complaint

The complaint shall be legibly typed or printed and, if available to the complainant, must contain the following information or attachments:

1.Any factual information relevant to the dispute such as purchase dates, planting dates, field location, seeding rates, mechanical planting method, soil tests, fertilizer applications, pesticide usage, rates and timing, weather conditions, germination or yield tests or comparisons, and audiovisual records such as photographs or videotape;

2.Information alleging the extent of the seed's failure to perform or to conform to the legal requirements of, or representation made about, the seed;

3.A seed tag or label sample showing the information required for labeling requirements of seed under North Dakota Century Code chapter 4.1-53 and applicable rules. A sample shall be attached to the complaint for each separate identifiable lot of seed if relevant to the complaint;

4.The names and addresses of any persons with factual knowledge related to the complaint; and

5.Any damages sustained or to be sustained.

N.D. Admin. Code 100-02-01-04 Answer

Within twenty days after receiving a copy of the complaint, each party to which the complaint is directed may file with the commissioner an answer to the complaint and serve a copy of the answer on the complainant.

N.D. Admin. Code 100-02-01-05 Arbitration hearing

Upon receipt of the complaint and filing fee and after the time allowed for the filing and service of an answer, the commissioner shall submit a dispute involving a seed transaction to the chair of the board along with all documents received from the parties. The chair shall convene a hearing of the board for the purpose of gathering information from all parties to the dispute. The initial hearing must be held within sixty days after the date the commissioner received the complaint, unless a party to the dispute requests and receives, for good cause, an extension of time from the chair. The board may, following the initial hearing, hold additional hearings if necessary before submission of a final arbitration report.

N.D. Admin. Code 100-02-01-06 Nonbinding recommendation

The board shall issue a final report to the disputing parties within thirty days after the final hearing, unless otherwise determined by the board. The final report shall contain a nonbinding recommendation for the resolution of the dispute.

N.D. Admin. Code 100-02-01-07 Procedural and evidentiary rules

The North Dakota rules of evidence and North Dakota rules of civil procedure do not apply in seed arbitration hearings. The board shall mail to all parties to the dispute, at least thirty days before the hearing on the complaint, a copy of the arbitration hearing format and guidelines.

N.D. Admin. Code 100-02-01-08 Witnesses - Fees

The board may, at its discretion, call any witnesses. When so called, any fees, if charged, must be shared equally among the parties to the dispute. Each party is responsible for all costs associated with presenting its case. If the cost of arbitration to the board exceeds the initial fee, it shall determine the additional fees to be paid by any of the parties.

Chapter 100-02-02 Duties of the Board [Repealed]

N.D. Admin. Code 100-02-02 Duties of the Board [Repealed]

CHAPTER 100-02-02

DUTIES OF THE BOARD [Repealed effective April 1, 2002]

Chapter 100-02-03 Report of the Seed Arbitration Board [Repealed]

N.D. Admin. Code 100-02-03 Report of the Seed Arbitration Board [Repealed]

CHAPTER 100-02-03

REPORT OF THE SEED ARBITRATION BOARD [Repealed effective April 1, 2002]

Chapter 100-02-04 Fees [Repealed]

N.D. Admin. Code 100-02-04 Fees [Repealed]

CHAPTER 100-02-04

FEES [Repealed effective April 1, 2002]