80-5-506. Alternative dispute resolution procedure. (1) A buyer may institute alternative dispute resolution by filing a sworn complaint and a $250 filing fee with the director of the department. The buyer shall serve a copy of the complaint on the seller by certified mail or as otherwise provided in state law. Except in a case of agricultural seed that has not been planted, the claim must be filed allowing sufficient time to permit effective inspection of the plants under field conditions.
     (2) Within 21 days after receipt of a copy of the complaint, the seller shall:
     (a) file an answer to the complaint with the director;
     (b) submit a $250 filing fee to the department; and
     (c) serve a copy of the answer on the buyer by certified mail or as otherwise provided in state law.
     (3) The director shall refer the complaint and answer to the alternative dispute resolution council for investigation, findings, and recommendations within 30 days of receiving the answer.
     (4) When a complaint is referred to the council for investigation, the council shall make an investigation of the matters contained in the complaint and file a report of its findings and recommendations with the director within 60 days of receiving the referral, unless the parties subject to the alternative dispute resolution agree to a later date.

     History: En. Sec. 6, Ch. 567, L. 2001.