Sec. 64.006.  ARBITRATION PROCEDURES.  (a)  A purchaser may begin arbitration by filing with the commissioner a sworn complaint and a filing fee, as provided by department rule.  The purchaser shall send a copy of the complaint to the seller by certified mail.
(b)  Not later than the 15th day after the date the seller receives a copy of the complaint, the seller shall file with the commissioner an answer to the complaint and send a copy of the answer to the purchaser by certified mail.
(c)  The commissioner shall refer the complaint and the answer to the arbitration board for investigation, findings, and recommendations.
(d)  On referral of the complaint for investigation, the arbitration board shall make a prompt and full investigation of the matters complained of and report its findings and recommendations to the commissioner not later than the 60th day after the date of the referral, or before a later date determined by the parties.
(e)  The report of the arbitration board shall include findings of fact, conclusions of law, and recommendations as to costs, if any.  If there is a cost, the commissioner shall assess the cost of arbitration against any party found responsible.
(f)  In the course of its investigation, the arbitration board or any of its members may:
(1)  examine the purchaser and the seller on all matters that the arbitration board considers relevant;
(2)  grow to production a representative sample of the seed through the facilities of the commissioner or a designated university under the commissioner's supervision;  or
(3)  hold informal hearings at the time and place the chairman of the State Seed and Plant Board directs, with reasonable notice to all parties.
(g)  The arbitration board may delegate all or any part of any investigation to one or more of its members.  Any delegated investigation shall be summarized in writing and considered by the arbitration board in its report.
(h)  The arbitration board shall consider any field inspection or other data submitted by either party in its report and recommendation.
(i)  The members of the arbitration board serve without compensation but are entitled to reimbursement for expenses incurred in the performance of their duties in the amounts provided by the General Appropriations Act.
(j)  After the arbitration board has filed a report of arbitration, the commissioner shall promptly transmit the report by certified mail to all parties.
Added by Acts 1989, 71st Leg., ch. 604, Sec. 1, eff. Jan. 1, 1990.  Amended by Acts 1993, 73rd Leg., ch. 598, Sec. 4, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 419, Sec. 2.25, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 543, Sec. 3, eff. Sept. 1, 2003.