Except in the case of seed that has not been planted, the complaint must be filed within the time necessary to permit effective inspection of the plants which are the subject of the arbitration complaint under field conditions. The Board, in its discretion, may allow an inspection conducted of the plants which are the subject of the arbitration complaint as part of a department investigation on a seed complaint filed under the Texas Agriculture Code, Chapter 61, to be used to meet this requirement.
4 Tex. Admin. Code § 6.2