Rule 40-12-6-.05 - Hearing Procedures(1) The Secretary of the Council shall be responsible for setting the tentative hearing date pursuant to Code section 2-11-75.(2) Prior to scheduled hearings, the Secretary shall provide Council members and alternates with all seed complaint correspondence and investigation records.(3) The informal hearing process shall provide a setting where each party involved in a seed dispute will be afforded the opportunity to present its side directly to the Council.(4) Within ten (10) days of receipt of a response from the seller, the Council shall schedule an informal hearing. Notice shall be sent by certified or registered mail to all parties at least two (2) weeks prior to the scheduled hearing date.(5) Four (4) members and/or alternates shall constitute a quorum and such quorum shall be present for the conducting of all Council business.(6) All hearings shall be recorded and may be transcribed at the discretion of and upon vote of the Council.(7) Attorneys may be present at hearings, but shall not participate directly in the hearing.(8) The following guidelines are recommended for hearing agendas but are not required: (a) Call to Order by Chairperson or Acting Chairperson.(b) Introductory remarks and reading of written complaint by Chairperson or other designated member.(c) Complainant is provided opportunity to describe complaint, present relevant facts and present written estimate of loss.(d) Seed seller(s) is provided opportunity to present response to seed complaint including presentation of relevant facts.(e) Council members and/or alternates are provided opportunity to report field observations and present written report.(f) Agricultural specialists assigned to investigate seed quality and crop are provided opportunity to present their report.(g) Council members or serving alternates are provided opportunity to examine complainant or seller and obtain any other pertinent information relating to the complaint.(h) Council receives and reviews any varietal grow-out test, pathological assays, or other evaluations, as required.(i) Opportunity given for Council members and/or alternates and other participants to ask questions for clarification.(j) All participants other than Council members and alternates are dismissed and Council deliberates on complaint and formulates recommendation in closed session.(k) Council transmits findings and recommendations to the Commissioner within thirty (30) days of the hearing date. In such report, the council may make any recommendations it deems fair and equitable under the circumstances presented. These recommendations are up to the discretion of the council and may include, but are not limited to, the following: 1. That no action be taken;2. That money damages be paid to the purchaser as a result of the alleged failure of the seed to conform to or perform as represented by the seed label, container, or invoice; or that money damages be paid to the purchaser of a commercial fruit or nut tree(s) as a result of the alleged failure of the tree(s) to be the variety represented to the purchaser. Such damages shall not be less than three times the purchase price in the case of fruit trees or six times the purchase price in the case of nut trees;3. That the seller reimburse the purchaser for the amount of the filing fee paid to enter the arbitration process; or4. Such other recommendation found by the council to be fair and equitable to the parties.(l) The Commissioner transmits the Council's findings and recommendations to the affected parties by certified or registered mail.(m) Within thirty (30) days of the date the Commissioner mails the Council's decision to the purchaser and seller, the purchaser and seller shall give written notice to the Commissioner of their acceptance or rejection of the Council's recommendations.(n) The Commissioner shall notify each party to the complaint of the acceptance or rejection by the purchaser and seller. If the Council's recommendations are rejected, the complainants are to be notified of their right to pursue legal action.Ga. Comp. R. & Regs. R. 40-12-6-.05
O.C.G.A. Sec. 2-11-77.
Original Rule entitled "Hearing Procedures" adopted. F. Dec. 9, 1994; eff. Dec. 29, 1994.Repealed: New Rule, same title, adopted. F. Jun. 4, 1997; eff. July 1, 1997, as specified by the Agency.