1. (a) The complaint process requires the filing of a complaint followed by an investigation by the Secretary. At the conclusion of the investigation, mediation may be requested.
2. (b) Mediation as used in this article shall mean an alternative dispute resolution process which utilizes a neutral third party who facilitates the resolution of a dispute between parties. The mediator does not make a decision or an award. Resolution of a dispute that is mediated occurs when an agreement is reached between the complainant and the respondent.

3. (c) The Secretary may terminate the complaint mediation procedure and issue an Order of the Secretary stating that the requirement of Section 52332(f) of the Food and Agricultural Code has not been met if the person alleging damage to a crop (designated herein as complainant):

   1. (1) fails to maintain the crop until notification of release;
   2. (2) withdraws the complaint at any time;
   3. (3) refuses to cooperate in the investigation;
   4. (4) fails to request mediation after receipt of the report of investigation; or
   5. (5) fails to appear at the mediation hearing without reasonable cause.

4. (d) The Secretary may release the complainant to pursue other dispute resolution mechanisms by issuing an Order of the Secretary stating that the requirement of Section 52332(f) has been met if the seller or labeler of the seed (designated herein as respondent):

   1. (1) fails to file an answer;
   2. (2) refuses to cooperate in the investigation procedure;
   3. (3) fails to agree to mediation; or
   4. (4) fails to appear at the mediation hearing without reasonable cause.

Use and completion of the complaint meditation procedures set forth in this article is a prerequisite to pursuing other dispute resolution mechanisms against a seed labeler when seed planted in California fails to conform to the label statements required by Sections 52452 and 52453 of the Food and Agricultural Code. Only those completing the complaint process are eligible to pursue other dispute resolution mechanisms except as otherwise provided.

Note: Authority cited: Sections 407 and 52332, Food and Agricultural Code. Reference: Section 52332, Food and Agricultural Code.

History

1. New Article 10 (Sections 3915-3921) filed 8-7-75; effective thirtieth day thereafter (Register 75, No. 32).

2. Amendment filed 7-28-77 as organizational and procedural; effective upon filing (Register 77, No. 31).

3. Editorial correction of Note filed 4-27-83 (Register 83, No. 18).

4. Amendment of article heading, repealer and new section filed 1-17-96; operative 2-16-96 (Register 96, No. 3).