(A) The Commissioner shall appoint an arbitration committee composed of five members and five alternate members. One member and one alternate must be appointed upon the recommendation of each of the following:
(1) the Dean of Extension, College of Agriculture, Clemson University;
(2) the Dean of Research, College of Agriculture, Clemson University;
(3) the President of the Seedsman's Association of South Carolina, or if there is no association, then a seedsman residing in this State who is designated by the President of the American Seed Trade Association;
(4) the president of a farmer organization of South Carolina as the Commissioner may determine to be appropriate; and
(5) the Commissioner.
Each alternate member shall serve only in the absence of the member for whom the person is an alternate. The committee shall elect a chairman and a secretary from its membership. The chairman shall conduct meetings and deliberations of the committee and direct all other activities. The secretary shall keep accurate records of all meetings and deliberations and perform other duties for the committee as the chairman may direct. All hearings must be taped with an audio recorder for the purpose of establishing a record. The purpose of the committee is to conduct arbitration as provided in this section. The committee may be called into session by or at the direction of the Commissioner or upon direction of its chairman to consider matters referred to it by the Commissioner or the chairman in accordance with this section.
(B) Procedures.
(1) A buyer may invoke arbitration by filing a sworn complaint with the Commissioner together with a filing fee of fifty dollars. The buyer shall serve a copy of the complaint upon the seller by certified mail. Except in the case of seed which has not been planted, the claim must be filed in time to permit effective inspection of the plants under field conditions. The statute of limitations for filing a claim with the seed arbitration committee is one year from the date of planting. Failure to file a timely claim will preclude the seed arbitration committee from hearing the complaint.
(2) Within fifteen days after receipt of a copy of the complaint, the seller shall file with the Commissioner an answer to the complaint and serve a copy of the answer upon the buyer by certified mail.
(3) The Commissioner shall refer the complaint and answer to the committee for investigation, findings, and recommendations.
(4) Upon referral of a complaint for investigation, the committee shall make a prompt and full investigation of the matters complained of and report its findings of fact and recommendations to the Commissioner within sixty days of referral or if a grow out is being conducted, at a later date as parties may determine. But in no instance shall a report be issued more than eighteen months after the day of filing.
(5) The report of the committee shall include findings of fact and recommendations as to cost damages, if any.
(6) In the course of its investigation, the committee or its members may examine the buyer and the seller on all matters which the committee may:
(a) consider relevant;
(b) grow to production a representative sample of the seed through the facilities of the Commissioner or designated university under the Commissioner's supervision if considered necessary; and
(c) hold informal hearings at a time and place as the committee chairman may direct upon reasonable notice to all parties.
(7) The committee may delegate all or part of an investigation to one or more of its members. A delegated investigation must be summarized in writing and considered by the committee in its report.
(8) The members of the committee shall receive no compensation for the performance of their duties but will be reimbursed for travel expenses.
(9) After the committee has made its report, the Commissioner promptly shall transmit the report by certified mail to all parties.
HISTORY: 1986 Act No. 488, Section 2; 1976 Code Section 46-21-270; 2010 Act No. 238, Section 1, eff. upon approval (became law without the Governor's signature on June 8, 2010).