Sec. 1. This chapter applies to civil actions against a seller for the failure of agricultural or vegetable seeds to perform if the container in which the seeds were sold included the following notice on the label: NOTICE OF REQUIRED ARBITRATION Under the seed laws of Indiana and some other states, arbitration is required as […]
Sec. 10. The council shall do the following: (1) Assist buyers and sellers in determining the validity of complaints between the buyer and the seller. (2) Recommend cost damages resulting from the failure of seed to perform or produce properly, whether the damages are related to: (A) specific representations on the label; (B) other information […]
Sec. 11. The council may do the following: (1) Examine all nonprivileged records of the buyer and the seller that the council considers relevant to a complaint filed under this chapter. (2) Investigate and conduct tests the council considers necessary to determine the validity of the complaint. The council may enter into contracts with qualified […]
Sec. 12. (a) As a condition precedent to maintaining a civil action against a seller for failure of the agricultural or vegetable seeds to produce or perform: (1) as represented by the label required to be attached to those seeds or furnished under IC 15-15-1-32 or IC 15-15-1-33; (2) as represented by warranty; or (3) […]
Sec. 13. (a) As a condition precedent to asserting a counterclaim or a defense in an action brought by a seller against a buyer, the counterclaim or defense must be submitted to arbitration. (b) Upon the buyer’s filing of a written notice of intention to assert a claim as a counterclaim or defense, accompanied by […]
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.
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 […]
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 […]
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 […]
Sec. 18. (a) Not later than twenty (20) days after receipt of a copy of the complaint, the seller shall file with the commissioner an answer to the complaint and serve a copy of the answer upon the buyer by certified mail. (b) The seller shall pay a filing fee of one hundred dollars ($100) […]
Sec. 19. (a) Before beginning a complaint investigation, the commissioner shall prepare and provide to the parties an estimate of the costs to be incurred during the investigation of the complaint. (b) Before a complaint investigation begins, the buyer and the seller shall each pay to the commissioner an amount equal to fifty percent (50%) […]
Sec. 2. Arbitration under this chapter is not subject to IC 34-57-2. [Pre-2008 Recodification Citation: 15-4-11-23.] As added by P.L.2-2008, SEC.6.
Sec. 20. The commissioner shall refer the complaint and answer to the council for investigation, findings, and recommendations. [Pre-2008 Recodification Citation: 15-4-11-16.] As added by P.L.2-2008, SEC.6.
Sec. 21. Upon referral of a complaint for investigation, the council shall make a prompt and full investigation of the matters complained of and report its findings and recommendations to the commissioner not later than sixty (60) days after the referral or a later date as the parties may determine. [Pre-2008 Recodification Citation: 15-4-11-17.] As […]
Sec. 22. The report of the council must include findings of facts, conclusions of law, and recommendations as to costs, if any. [Pre-2008 Recodification Citation: 15-4-11-18.] As added by P.L.2-2008, SEC.6.
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.
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 […]
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 […]
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.
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.
