TITLE 2 AGRICULTURE

Section 11. Seeds and Plants, 2-11-1 through 2-11-77.

ARTICLE 4 SEED ARBITRATION COUNCIL

2-11-75. Hearings and investigations.

1. Upon receipt of a seed buyer complaint or a commercial fruit or nut tree buyer complaint and a seller response, the council shall schedule a hearing date within ten days and shall make a full and complete investigation of the matters stated in the complaint.
2. Hearings scheduled by the council shall be conducted in Tifton, Macon, Athens, or Rome, Georgia, whichever is most convenient to the farmer or other seed or commercial fruit or nut tree purchaser filing the complaint, such determination to be made by the chairperson.
3. The Commissioner shall provide administrative support for the council and shall adopt rules and regulations to govern investigations and hearings.
4. In conducting its investigation, the council, in addition to other activities deemed necessary, is authorized to:
   1. Examine the purchaser on the use of the seed or commercial fruit or nut tree or trees about which the complaint is filed, the purchaser's operation and the seller on the packaging and labeling, and the seller's operations on the seed or commercial fruit or nut tree or trees alleged to be faulty or of a different variety;
   2. Grow to production a representative sample of the alleged faulty seed through the facilities of the state and under the supervision of the Commissioner, as deemed necessary;
   3. Hold informal hearings at a reasonable time as directed by the chairperson. At such hearing, the purchaser and seller shall be allowed to present their side of the dispute before the council. Attorneys may be present, provided that no attorney may participate directly in the proceeding; and
   4. Seek evaluations from authorities in allied disciplines when deemed necessary.
5. Any investigation made by fewer than all of the councilmembers shall be by authority of a written directive by the chairperson, and such investigation shall be summarized in writing and considered by the council in reporting its findings and recommendations.
6. The Attorney General shall provide legal services for the council.

(Code 1981, §2-11-75, enacted by Ga. L. 1994, p. 1761, § 1; Ga. L. 1996, p. 1151, § 3.)