1. (a) To the extent feasible, and upon mutual consent of the parties, the proceeding may be consolidated with any dispute resolution process taking place between the same parties and being conducted pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec 136a et.seq.).
2. (b) In determining the amount due under this section, the decisionmaker(s) of a dispute resolution proceeding shall consider, among other factors, that the data owner's exclusive right to sell the pesticide resulted in the data owner recovering all or part of the costs of generating the data.
3. (c) The finding of the decisionmaker(s) in a dispute resolution proceeding shall be final and conclusive, and no official or court shall have power or jurisdiction to review that finding and determination, except for fraud, misrepresentation, or other misconduct by one of the parties to the dispute resolution proceeding or the decisionmaker(s) where there is a verified complaint with supporting affidavits attesting to specific instances of fraud, misrepresentation, or misconduct.
4. (d) The parties to the dispute resolution proceeding shall share equally in the payment of fees and expenses of the dispute resolution process, except that each party shall bear its legal fees and its expenses.

If agreement cannot be reached about the terms and amount of payment required pursuant to Food and Agricultural Code section 12811.5, at any time more than 90 days after the issuance of an irrevocable offer to pay, either the applicant, source, or data owner may initiate or with the consent of all parties, join a binding dispute resolution proceeding under the rules prescribed under Title 29 Code of Federal Regulations, Part 1440, or its successor provision, if any, or other rules to which the applicant and data owner may agree.

Note: Authority cited: Section 12811.5, Food and Agricultural Code. Reference: Section 12811.5, Food and Agricultural Code.

History

1. New article 15 (section 6310) and section filed 3-23-2006 as an emergency; operative 3-23-2006 (Register 2006, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-21-2006 or emergency language will be repealed by operation of law on the following day.

2. New article 1.5 (section 6310) and section refiled 7-19-2006 as an emergency; operative 7-19-2006 (Register 2006, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-16-2006 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 7-19-2006 order transmitted to OAL 11-9-2006 and filed 12-19-2006 (Register 2006, No. 51).