(1) The seller's response filed with the department shall contain, but is not limited to the following:
- (a) seller name and address;
- (b) grower name filing for alternative dispute resolution;
- (c) date seller was first notified of request for alternative dispute resolution;
- (d) responses made to the complaint, whether they agree or disagree and why;
(e) seed lot identification including:
- (i) name of seed labeler;
- (ii) lot number;
- (iii) certification number;
- (iv) seed kind;
- (v) seed variety;
- (vi) seed treatment, (if treated) ;
- (vii) any tests conducted on the lot in question (purity, germination, barley streak mosaic virus, other) ; and
- (viii) production year of seed lot;
- (f) list of any additional sales of this lot;
- (g) list of any other complaints that may have been received; and
- (h) seller name, date and signature.
- (2) The filing fee of $250 must accompany the copy sent to the department and is non-refundable upon receipt by the department.
- (3) The department may request additional information.
- (4) If the seller fails to respond within the time given, the council may place the seller in default and advise the buyer of their right to proceed with a civil complaint in state district court.
Authorizing statute(s): 80-5-509, MCA
Implementing statute(s): 80-5-506, MCA
History: NEW, 2004 MAR p. 2102, Eff. 9/3/04.