(710 ILCS 25/1) (from Ch. 10, par. 251-1)
Sec. 1.
Short title.
This Act may be cited as the Seed Arbitration Act.
(Source: P.A. 87-186.)
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(710 ILCS 25/5) (from Ch. 10, par. 251-5)
Sec. 5.
Definitions.
"Arbitration" means arbitration under this Act.
"Council" means the Seed Arbitration Council.
"Department" means the Illinois Department of Agriculture.
"Director" means the Illinois Director of Agriculture.
"Seed" means agricultural and vegetable seed as defined in the Illinois Seed
Law.
(Source: P.A. 87-186.)
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(710 ILCS 25/10) (from Ch. 10, par. 251-10)
Sec. 10.
Purchaser required to arbitrate claim.
(a) A purchaser of seed cannot maintain a civil action against the
seller for failure of the seed to produce or perform (i) as represented by
a label attached to the seed or furnished under the Illinois Seed Law, (ii)
as represented by warranty, or (iii) because of negligence, unless the
buyer has first submitted the claim to arbitration.
(b) Any applicable period of limitation with respect to a claim subject
to arbitration is tolled for the period beginning on the date the
arbitration complaint is filed and the filing fee paid and ending on the
date the findings of the administrative hearing officer are rendered.
(Source: P.A. 87-186.)
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(710 ILCS 25/15) (from Ch. 10, par. 251-15)
Sec. 15.
Review Committee.
(a) There shall be established a Review Committee consisting
of the Director, the President of the Illinois Seed Dealers' Association,
and a director of the Cooperative Extension Service, or a designee for each
person. Membership on the Review Committee shall be for a period of one
year. Each respective organization shall appoint its member.
(b) The Review Committee shall have the following powers: (1) to meet
and review all complaints filed under this Act; (2) to require the
purchaser and seller to be present when the complaint is reviewed; (3) to
subpoena, through the Director; (4) to negotiate factors and to make
recommendations concerning settlement of a complaint; (5) to prepare and
present to the purchaser and seller the recommended arbitration procedure
and costs if agreement cannot be attained through the review process; and
(6) to prepare and report to the Seed Arbitration Council on the Review
Committee's results and recommendations.
(c) The Review Committee shall prepare and provide to both parties
estimates of costs that will be incurred during the investigation of the
complaint. Costs deposits shall be remitted to the Department before
beginning the investigation process. It is the responsibility of the
purchaser to pay one-half and the seller to pay one-half of the total
estimated costs. Cost deposits shall be deposited by the Department into a
non-appropriated trust account in an adequately protected financial
institution, and the Department shall pay costs from that account. In the
event the actual costs exceed the original estimated costs, each party
shall pay one-half of the difference. In the event the actual costs are
less than the original estimated costs, each party shall be reimbursed a
prorated portion of the original funds.
(d) The Review Committee shall serve without pay, but members shall be
reimbursed for reasonable travel expenses.
(Source: P.A. 87-186.)
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(710 ILCS 25/20) (from Ch. 10, par. 251-20)
Sec. 20.
Filing and serving of complaint.
A purchaser shall
start the arbitration procedure by filing a verified complaint
with the Director together with a filing fee which shall be deposited into
the General Revenue Fund. The amount of
the filing fee shall be set by rule. The Director shall serve
a copy of the complaint upon the seller by certified mail.
Except in case of seed that has not been planted, the claim
shall be filed within a time that will permit effective
inspection of the plants under field conditions and in no case
later than 90 days after completion of harvest.
(Source: P.A. 89-463, eff. 5-31-96.)
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(710 ILCS 25/25) (from Ch. 10, par. 251-25)
Sec. 25.
Filing and serving of answer.
Within 10 days after the
seller receives a copy of the complaint, the seller shall file with the
Director an answer to the complaint and serve a copy of the answer upon the
purchaser by certified mail.
(Source: P.A. 90-655, eff. 7-30-98.)
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(710 ILCS 25/30) (from Ch. 10, par. 251-30)
Sec. 30.
Referral of complaint to Review Committee.
The Director
shall refer the complaint and the seller's response to the Review Committee for
negotiation and recommendations.
(Source: P.A. 87-186.)
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(710 ILCS 25/35) (from Ch. 10, par. 251-35)
Sec. 35.
Seed Arbitration Council.
(a) The Seed Arbitration Council is established.
(b) The following persons or their designees are members of the Council:
(1) The Director.
(2) The Director of Extension Services of the | ||
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(3) The Dean of the University of Illinois College of | ||
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(4) The president of an Illinois seed dealers trade | ||
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(5) The president of an Illinois farmers organization | ||
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(c) The Council shall meet at the call of the Director, who shall serve
as its chairperson.
(d) Members shall serve without pay but shall be reimbursed for their
reasonable and necessary expenses.
(e) The Council shall be staffed by employees of the Department.
(Source: P.A. 87-186.)
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(710 ILCS 25/40) (from Ch. 10, par. 251-40)
Sec. 40.
Powers of the Council.
The Council shall have the following duties: (1) to examine all
records of the purchaser and seller that the Council may consider relevant
to the complaint; (2) to investigate and conduct such tests as may be
necessary to determine the validity of the complaint or to contract for
qualified persons to perform such investigation and tests; (3) to hold
meetings at a time and place as the chairperson may direct upon at least 10
days written notice to all parties; (4) to negotiate and recommend to the
purchaser and seller conditions for settlement of the complaint; (5) to
present at an administrative hearing results of the investigation of the
complaint with recommendations to the purchaser and seller of conditions
for settlement of the complaint; (6) to subpoena the purchaser and seller;
(7) to require all records and information to be presented to the Council
(duces tecum); (8) to enter upon the premises of the purchaser and seller
to secure information and perform investigations under this Act; and (9) to
recommend to the Director that an administrative hearing be held when the
arbitration recommendation was not accepted by the purchaser and seller.
(Source: P.A. 87-186.)
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(710 ILCS 25/45) (from Ch. 10, par. 251-45)
Sec. 45.
Investigation and report of Council.
(a) Upon referral by the Review Committee of a complaint for
investigation, the Council shall make a prompt and full investigation of
the matters complained of, attempt to negotiate a settlement, and report
its findings and recommendations to the Director.
(b) The report of the Council shall include its findings and
recommendations as to damages and costs, if any.
(c) After the Council has made its report, the Director shall promptly
transmit the report by certified mail to all parties.
(Source: P.A. 87-186.)
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(710 ILCS 25/50) (from Ch. 10, par. 251-50)
Sec. 50.
Delegated investigation.
The Council may delegate all or
any part of an investigation to one or more of its members. A delegated
investigation shall be summarized in writing and considered by the Council
in its report.
(Source: P.A. 87-186.)
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(710 ILCS 25/55) (from Ch. 10, par. 251-55)
Sec. 55.
Administrative hearing.
(a) The Department shall within 10 days of receipt of the Seed
Arbitration Council's report and recommendation set a date for an
administrative hearing to be held not less than 30 days after receiving the
Council's report and recommendation.
(b) The Department at the administrative hearing shall present the Council's
report and recommendation for the record. The purchaser and seller may
present any testimony and evidence pertinent to the complaint. The hearing
officer shall issue an order within 30 days from the conclusion of the
hearing. The hearing officer's decision is the final decision and
terminates arbitration.
(Source: P.A. 87-186.)
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(710 ILCS 25/60) (from Ch. 10, par. 251-60)
Sec. 60.
Failure of parties to participate in proceedings.
Failure
of the parties to participate in the proceedings as set forth in this Act
shall not constitute a defense in any court proceedings. The Council,
based upon its investigation and findings, shall issue a report concerning
the complaint that is admissible as evidence in any court proceedings.
(Source: P.A. 87-186.)
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(710 ILCS 25/65) (from Ch. 10, par. 251-65)
Sec. 65.
Legal representation.
Any party may be represented by legal
council at all proceedings as set forth in accordance with this Act.
(Source: P.A. 87-186.)
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(710 ILCS 25/70) (from Ch. 10, par. 251-70)
Sec. 70.
Arbitration.
Participation in the arbitration proceedings
is required by all parties, but the arbitration findings are non-binding.
(Source: P.A. 87-186.)
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(710 ILCS 25/75) (from Ch. 10, par. 251-75)
Sec. 75.
Inapplicability of Uniform Arbitration Act and Health Care
Arbitration Act. Claims to which this Act applies are not subject to the
Uniform Arbitration Act or the Health Care Arbitration Act.
(Source: P.A. 87-186.)
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(710 ILCS 25/80) (from Ch. 10, par. 251-80)
Sec. 80.
Rules.
The Department may adopt rules for the enforcement
of this Act.
(Source: P.A. 87-186.)
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