15-15-5-23. Delegation of Investigation
Sec. 23. The council may delegate all or any part of any investigation to one (1) or more of its members. Any delegated investigation shall be summarized in writing and considered by the council in its report. [Pre-2008 Recodification Citation: 15-4-11-20.] As added by P.L.2-2008, SEC.6.
15-15-5-24. Confidentiality of Trade Secrets and Proprietary Information
Sec. 24. The council shall ensure that all trade secrets and other information of a proprietary nature collected during the course of an investigation under this chapter are kept confidential to the degree necessary to ensure the property rights of the seller and the civil rights of the buyer. [Pre-2008 Recodification Citation: 15-4-11-20.5.] As added […]
15-15-5-25. Per Diem and Travel Expenses
Sec. 25. A member of the council is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). A member is, however, entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member’s duties, as provided in the state travel policies and procedures established by the Indiana department […]
15-15-5-26. Transmission of Report to Parties
Sec. 26. After the council has made its report, the commissioner shall promptly transmit the report by certified mail to all parties. [Pre-2008 Recodification Citation: 15-4-11-22.] As added by P.L.2-2008, SEC.6.
15-15-5-27. Settlement Recommendation; Acceptance or Rejection of Recommendation
Sec. 27. The buyer and seller shall each give written notice to the commissioner of the acceptance or rejection of the council’s recommended terms of settlement not later than thirty (30) days after the date of the council’s recommendation. [Pre-2008 Recodification Citation: 15-4-11-22.5.] As added by P.L.2-2008, SEC.6.
15-15-5-28. Rules
Sec. 28. The commissioner may adopt rules under IC 4-22-2 to do the following: (1) Describe the conditions and circumstances relating to seed to which arbitration under this chapter is applicable. (2) Supplement the procedures of the arbitration process set forth in this chapter. [Pre-2008 Recodification Citation: 15-4-11-24.] As added by P.L.2-2008, SEC.6.
15-15-5-14. Binding Effect of Arbitration Report
Sec. 14. The report of arbitration under section 21 of this chapter is binding upon all parties to the extent that they have so agreed in a contract governing the sale of the seed. [Pre-2008 Recodification Citation: 15-4-11-11.] As added by P.L.2-2008, SEC.6.
15-15-5-15. Absence of Agreement to Be Bound by Arbitration; Presentation of Post Report Claims
Sec. 15. In the absence of an agreement to be bound by arbitration, a buyer may: (1) commence legal proceedings against a seller based upon a claim subject to this chapter; or (2) assert a claim subject to this chapter as a counterclaim or defense in any action brought by the seller; at any time […]
15-15-5-16. Report of Arbitration as Evidence in Subsequent Litigation
Sec. 16. In any litigation involving a complaint that has been the subject of arbitration under this chapter, 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 council’s findings of fact and conclusions of law and recommendations as […]
15-15-5-17. Filing Arbitration Claim; Filing Fee; Time of Complaint
Sec. 17. (a) A buyer that seeks to assert a claim under this chapter shall invoke arbitration under this chapter by filing a sworn complaint with the commissioner together with a filing fee of one hundred dollars ($100). The buyer shall serve a copy of the complaint upon the seller by certified mail. (b) Except […]