Section 290.718 – Joint Settlement Committee; Powers; Oaths; Subpoenas; Contempt.
290.718 Joint settlement committee; powers; oaths; subpoenas; contempt. Sec. 18. The joint settlement committee may administer oaths, require the attendance of witnesses, and require the production of such books, papers, contracts, agreements, and documents as may be considered material by the committee to a just determination of the issues in dispute, and for such purpose […]
Section 290.759 – Ginseng Plants or Plant Parts Sold for Propagation.
290.759 Ginseng plants or plant parts sold for propagation. Sec. 9. (1) Ginseng plants or plant parts sold for propagation shall not be regarded as harvested or collected and are exempt from the certification requirement of this act. (2) Live ginseng plants or plant parts, except seed, for propagation shall not be transported or sold […]
Section 290.719 – Joint Settlement Committee; Findings of Fact; Issuance of Award.
290.719 Joint settlement committee; findings of fact; issuance of award. Sec. 19. Within 20 days after the conclusion of the hearing or such further time to which the parties may agree, the joint settlement committee shall make written findings of fact and issue its written award upon the issues presented to it and upon the […]
Section 290.720 – Joint Settlement Committee; Decision; Basis.
290.720 Joint settlement committee; decision; basis. Sec. 20. The joint settlement committee shall base its decision upon the following factors: (a) Prices or projected prices for the agricultural commodity paid by competing handlers in the market area or competing market areas. (b) Amount of the commodity produced or projections of production in the production area […]
Section 290.721 – Finality of Committee’s Decision; Enforcement.
290.721 Finality of committee’s decision; enforcement. Sec. 21. A majority decision of the joint settlement committee, if supported by competent, material and substantial evidence on the whole record, shall be final and binding upon the parties, and may be enforced, at the insistence of either party or of the joint settlement committee in the court […]
Section 290.722 – Disobeying or Resisting Order; Contempt.
290.722 Disobeying or resisting order; contempt. Sec. 22. A party who willfully disobeys a lawful order of enforcement by the court of appeals pursuant to section 21 or willfully encourages or offers resistance to such order shall be in contempt. The punishment for each day the contempt persists may be a fine fixed in the […]
Section 290.723 – Judicial Review of Committee Awards.
290.723 Judicial review of committee awards. Sec. 23. (1) Awards of the joint settlement committee shall be reviewable by the court of appeals but only for the following reasons: (a) The joint settlement committee was without or exceeded its jurisdiction. (b) The award is unsupported by competent, material, and substantial evidence on the whole record. […]
Section 290.724 – Mailing Copy of Contract or Award to Department.
290.724 Mailing copy of contract or award to department. Sec. 24. Within 30 days after an accredited association negotiates a contract with a handler or receives a joint settlement committee award, it shall send to the department by registered mail a copy of the contract or award. History: 1972, Act 344, Eff. Mar. 30, 1973 […]
Section 290.725 – Access of Department to Evidence; Refusal to Obey Subpoena; Service of Process.
290.725 Access of department to evidence; refusal to obey subpoena; service of process. Sec. 25. (1) At all reasonable times, the department shall have access to and the right to copy evidence relating to any person or action under investigation by it in connection with any failure or refusal to bargain or for engaging in […]
Section 290.726 – Antitrust Law Not Violated.
290.726 Antitrust law not violated. Sec. 26. The activities of accredited associations and handlers in bargaining with respect to the price and other terms of sale of the agricultural commodities produced by the members of such accredited associations do not violate any antitrust law of this state. History: 1972, Act 344, Eff. Mar. 30, 1973