§ 2-23-107 — Investigation and report - Findings as evidence

(a) When a complaint is made by a buyer against a dealer or labeler, the Secretary of the Department of Agriculture or his or her designee shall make a full and complete investigation of the matters complained of and at the conclusion of the investigation, report the findings and recommendations to the buyer and to the labeler by United States registered mail. (b) (1) The report of arbitration shall be binding upon all parties to the extent, if any, that they have so agreed: (A) In any contract governing the sale of the seed; or (B) Before the official filing of arbitration. (2) In the absence of an agreement to be bound by arbitration, a buyer may commence legal proceedings against a seller or assert such claim, as a counterclaim or defense in any action brought by the seller, at any time after the receipt of the report of arbitration. (3) (A) In litigation involving a complaint which has been the subject of arbitration under this section, any party may introduce the report of arbitration as evidence of the facts found in the report, and the court may give such weight to the findings and conclusions of law and recommendations as to damages and costs as the court may see fit based upon all the evidence before the court. (B) The court may also take into account any findings with respect to the failure of any party to cooperate in the arbitration proceedings, including any finding as to the effect of delay in filing the arbitration claim upon the secretary's or his or her designee's ability to determine the facts of the case.

Legislative History

Amended by Act 2023, No. 691,§ 40, eff. 7/1/2023. Acts 1991, No. 1024, § 2; 1999, No. 921, § 6.