§ 35-27-122 — Arbitration council - procedures

Colorado § 35-27-122

• Jurisdiction: Colorado
• Title 35: Agriculture
• Art.: Colorado Seed Act

Text

(1) (a) The commissioner shall
appoint an arbitration council for each case composed of three members. The
following shall each recommend one member:

(I) (Deleted by amendment, L. 2007, p. 643, � 6, effective April 26, 2007.)

(II) The dean of the college of agriculture, Colorado state university;

(III) The president of the Colorado seedsmen's association; and

(IV) The president of any organization of farmers in the state as the
commissioner determines to be appropriate.

(V) (Deleted by amendment, L. 2007, p. 643, � 6, effective April 26, 2007.)

(b) (Deleted by amendment, L. 2007, p. 643, � 6, effective April 26, 2007.)

(c) The council shall elect a chair from its membership. The chair shall
conduct the deliberations of the council and shall direct all of its other activities.
The commissioner shall serve as staff to the council and shall keep accurate
records of all such deliberations and shall perform such other duties for the council
as the chair directs.

(d) The council shall conduct the arbitration for the case.

(2) (a) A buyer of seed shall request arbitration by filing a verified complaint
with the commissioner together with a filing fee of ten dollars; except that the
commissioner by rule or as otherwise provided by law may reduce the amount of
the fee if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the
uncommitted reserves of the fund to which all or any portion of the fee is credited.
After the uncommitted reserves of the fund are sufficiently reduced, the
commissioner by rule or as otherwise provided by law may increase the amount of
the fee as provided in section 24-75-402 (4), C.R.S. The commissioner shall serve a
copy of the complaint upon the seller of such seed by certified mail or personal
service.

(b) Within five working days after receipt of a copy of the complaint, the
seller shall file a verified answer to the complaint with the commissioner, who shall
serve a copy of the answer upon the buyer by certified mail.

(c) The commissioner shall investigate the allegations in a complaint. In
conducting the investigation, the commissioner may employ the services of any
expert that the commissioner deems appropriate. Upon completion of the
investigation, the commissioner shall refer the complaint to the council along with a
report of the results of the investigation.

(d) Upon referral of a complaint for investigation, the council shall conduct
an arbitration hearing in accordance with the uniform arbitration act, part 2 of
article 22 of title 13, C.R.S., and shall report its findings and recommendations to
the commissioner in an arbitration report. Such arbitration report shall be filed with
the commissioner within sixty days after the conclusion of the arbitration hearing or
a later date if the parties agree.

(e) The arbitration report of the council shall include findings of fact,
conclusions of law, and recommendations as to costs, if any, including but not
limited to costs of any investigation conducted by the commissioner.

(f) In the course of the commissioner's investigation, the commissioner may:

(I) Examine the buyer, the seller, and any other person who may have
relevant information;

(II) Grow a representative sample of the seed through the facilities of
Colorado state university to production; and

(III) Conduct any other investigative activities that the commissioner deems
necessary to obtain information relevant to the allegations in the complaint
pursuant to the commissioner's authority in section 35-27-115.

(g) (Deleted by amendment, L. 2007, p. 643, � 6, effective April 26, 2007.)

(h) The members of the council shall receive no compensation for the
performance of their duties but shall be reimbursed for actual and necessary
expenses.

(i) After the council has filed its arbitration report with the commissioner, the
commissioner shall promptly transmit such arbitration report by certified mail to all
parties.

Legislative History

Source: L. 93: Entire article R&RE, p. 1018, � 1, effective July 1. L. 98: (2)(a) amended, p. 1342, � 66, effective June 1. L. 2007: IP(1)(a), (1)(a)(I), (1)(a)(V), (1)(b), (1)(c), (1)(d), and (2) amended, p. 643, � 6, effective April 26. L. 2025: (2)(c), IP(2)(f), and (2)(f)(III) amended, (HB 25-1084), ch. 24, p. 116, � 82, effective August 6.