# Title 100 — State Seed Arbitration Board

## Article 100-02 — Seed Arbitration

## Chapter 100-02-01 — Seed Arbitration Process

### § 100-02-01-01. Seed arbitration process.

Repealed effective April 1, 2002.
### § 100-02-01-01.1. Definitions.

The terms used throughout this chapter have the same meaning as in North Dakota Century Code
chapter 4.1-53, except:
1. "Board" means the state seed arbitration board established under North Dakota Century Code
section 4.1-54.
2. "Dispute involving a seed transaction" means an instance in which a seed customer suffers
damage because seed does not produce or perform in conformance with the labeling or
warranty or because of negligence by the seed dealer or seed labeler.
3. "Seed" has the same meaning as "agricultural seed" as defined in North Dakota Century Code
chapter 4.1-53.
History: Effective April 1, 2002.
General Authority: NDCC 4.1-54-03
Law Implemented: NDCC 4.1-54-03
### § 100-02-01-02. Petition procedure.

1. In the event of a dispute involving a seed transaction, a seed labeler, seed dealer, or seed
customer may petition for seed arbitration by filing a written complaint with the agriculture
commissioner. The complaint must be filed at the address listed in section 100-01-01-01. The
petitioner shall, in addition to the written complaint, submit an initial fee of two hundred fifty
dollars payable to the "state seed arbitration board". The petitioner shall serve a copy of the
complaint upon each party to which the complaint is directed.

2. The filing of a petition for arbitration is not a prerequisite to a person's right to maintain a civil
action.
3. If seed, which is the basis of the complaint, is labeled by a person other than a seed dealer
who sells directly to the farmer or other purchaser of seed, the commissioner shall mail a copy
of the complaint to the person responsible for labeling the seed in order for the person to have
an opportunity to file an answer.
History: Effective April 1, 2002.
General Authority: NDCC 4.1-54-03
Law Implemented: NDCC 4.1-54-03
### § 100-02-01-03. Content of complaint.

The complaint shall be legibly typed or printed and, if available to the complainant, must contain the
following information or attachments:
1. Any factual information relevant to the dispute such as purchase dates, planting dates, field
location, seeding rates, mechanical planting method, soil tests, fertilizer applications, pesticide
usage, rates and timing, weather conditions, germination or yield tests or comparisons, and
audiovisual records such as photographs or videotape;
2. Information alleging the extent of the seed's failure to perform or to conform to the legal
requirements of, or representation made about, the seed;
3. A seed tag or label sample showing the information required for labeling requirements of seed
under North Dakota Century Code chapter 4.1-53 and applicable rules. A sample shall be
attached to the complaint for each separate identifiable lot of seed if relevant to the complaint;
4. The names and addresses of any persons with factual knowledge related to the complaint;
and
5. Any damages sustained or to be sustained.
History: Effective April 1, 2002.
General Authority: NDCC 4.1-54-03
Law Implemented: NDCC 4.1-54-03
### § 100-02-01-04. Answer.

Within twenty days after receiving a copy of the complaint, each party to which the complaint is
directed may file with the commissioner an answer to the complaint and serve a copy of the answer on
the complainant.
History: Effective April 1, 2002.
General Authority: NDCC 4.1-54-03
Law Implemented: NDCC 4.1-54-03
### § 100-02-01-05. Arbitration hearing.

Upon receipt of the complaint and filing fee and after the time allowed for the filing and service of
an answer, the commissioner shall submit a dispute involving a seed transaction to the chair of the
board along with all documents received from the parties. The chair shall convene a hearing of the
board for the purpose of gathering information from all parties to the dispute. The initial hearing must be
held within sixty days after the date the commissioner received the complaint, unless a party to the
dispute requests and receives, for good cause, an extension of time from the chair. The board may,

following the initial hearing, hold additional hearings if necessary before submission of a final arbitration
report.
History: Effective April 1, 2002.
General Authority: NDCC 4.1-54-03
Law Implemented: NDCC 4.1-54-03
### § 100-02-01-06. Nonbinding recommendation.

The board shall issue a final report to the disputing parties within thirty days after the final hearing,
unless otherwise determined by the board. The final report shall contain a nonbinding recommendation
for the resolution of the dispute.
History: Effective April 1, 2002.
General Authority: NDCC 4.1-54-03
Law Implemented: NDCC 4.1-54-03
### § 100-02-01-07. Procedural and evidentiary rules.

The North Dakota rules of evidence and North Dakota rules of civil procedure do not apply in seed
arbitration hearings. The board shall mail to all parties to the dispute, at least thirty days before the
hearing on the complaint, a copy of the arbitration hearing format and guidelines.
History: Effective April 1, 2002.
General Authority: NDCC 4.1-54-03
Law Implemented: NDCC 4.1-54-03
### § 100-02-01-08. Witnesses - Fees.

The board may, at its discretion, call any witnesses. When so called, any fees, if charged, must be
shared equally among the parties to the dispute. Each party is responsible for all costs associated with
presenting its case. If the cost of arbitration to the board exceeds the initial fee, it shall determine the
additional fees to be paid by any of the parties.
History: Effective April 1, 2002.
General Authority: NDCC 4.1-54-03
Law Implemented: NDCC 4.1-54-03
