(1) (a) The commissioner shall appoint an arbitration council for each case composed of three members. The following shall each recommend one member:
(Deleted by amendment, L. 2007, p. 643, § 6, effective April 26, 2007.)
The dean of the college of agriculture, Colorado state university;
The president of the Colorado seedsmen's association; and
The president of any organization of farmers in the state as the commissioner determines to be appropriate.
(Deleted by amendment, L. 2007, p. 643, § 6, effective April 26, 2007.)
(Deleted by amendment, L. 2007, p. 643, § 6, effective April 26, 2007.)
The council shall elect a chair from its membership. The chair shall conduct thedeliberations of the council and shall direct all of its other activities. The commissioner shall serve as staff to the council and shall keep accurate records of all such deliberations and shall perform such other duties for the council as the chair directs.
The council shall conduct the arbitration for the case.
(2) (a) A buyer of seed shall request arbitration by filing a verified complaint with the commissioner together with a filing fee of ten dollars; except that the commissioner by rule or as otherwise provided by law may reduce the amount of the fee if necessary pursuant to section 2475-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of the fee is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commissioner by rule or as otherwise provided by law may increase the amount of the fee as provided in section 24-75-402 (4), C.R.S. The commissioner shall serve a copy of the complaint upon the seller of such seed by certified mail or personal service.
Within five working days after receipt of a copy of the complaint, the seller shall filea verified answer to the complaint with the commissioner, who shall serve a copy of the answer upon the buyer by certified mail.
The commissioner shall investigate the allegations in the complaint. In conductingsuch investigation, the commissioner may employ the services of any expert that he or she deems appropriate. Upon completion of the investigation, the commissioner shall refer the complaint to the council along with a report of the results of the investigation.
Upon referral of a complaint for investigation, the council shall conduct an arbitration hearing in accordance with the uniform arbitration act, part 2 of article 22 of title 13, C.R.S., and shall report its findings and recommendations to the commissioner in an arbitration report. Such arbitration report shall be filed with the commissioner within sixty days after the conclusion of the arbitration hearing or a later date if the parties agree.
The arbitration report of the council shall include findings of fact, conclusions of law,and recommendations as to costs, if any, including but not limited to costs of any investigation conducted by the commissioner.
In the course of his or her investigation, the commissioner may:
Examine the buyer, the seller, and any other person who may have relevant information;
Grow a representative sample of the seed through the facilities of Colorado stateuniversity to production; and
Conduct any other investigative activities that he or she deems necessary to obtaininformation relevant to the allegations in the complaint pursuant to his or her authority in section 35-27-115.
(Deleted by amendment, L. 2007, p. 643, § 6, effective April 26, 2007.)
The members of the council shall receive no compensation for the performance oftheir duties but shall be reimbursed for actual and necessary expenses.
After the council has filed its arbitration report with the commissioner, the commissioner shall promptly transmit such arbitration report by certified mail to all parties.
Source: L. 93: Entire article R&RE, p. 1018, § 1, effective July 1. L. 98: (2)(a) amended, p. 1342, § 66, effective June 1. L. 2007: IP(1)(a), (1)(a)(I), (1)(a)(V), (1)(b), (1)(c), (1)(d), and (2) amended, p. 643, § 6, effective April 26.