(a) In conducting its investigation of claims referred by the Commissioner, the Seed Board may engage in the following activities:
(1) Examine the buyer regarding the buyer's use of the seed of which the buyer complains and examine the dealer on the dealer's packaging, labeling, and selling of the seed alleged to be faulty.
(2) Grow a representative sample of the alleged faulty seed to production when such action is deemed by the Board to be necessary.
(3) Hold informal hearings at a time and place directed by the chairperson upon reasonable notice to the buyer and the dealer.
(4) Seek evaluations from authorities in allied disciplines, when deemed necessary by the Board.
(5) Visit and inspect the affected site and take samples, make plant counts, and take pictures of affected and unaffected areas.
(b) The Board shall keep a record of its activities and reports on file in the Department. The Department shall transmit all findings and recommendations to the buyer and to the dealer within 30 days of completion of the investigation.
(c) No investigation shall be made by less than the whole membership of the Board unless the chairperson directs such investigation in writing. Such investigation shall be summarized in writing and considered by the Board in reporting its findings and making its recommendations.
(d) The report of the investigation and the recommendations of the Seed Board shall be binding upon all parties to the extent, if any, that they have so agreed in writing subsequent to the filing of the complaint pursuant to G.S. 106-277.30. (1998-210, s. 3.)
Last modified: March 23, 2014