Sec. 11. The council may do the following:
(1) Examine all nonprivileged records of the buyer and the seller that the council considers relevant to a complaint filed under this chapter.
(2) Investigate and conduct tests the council considers necessary to determine the validity of the complaint. The council may enter into contracts with qualified persons to perform investigations and tests under this subdivision.
(3) Hold hearings at the times and places designated by the chairperson to perform the functions described in section 10 of this chapter. Written notice of a hearing must be given to the buyer and the seller not later than twenty (20) days before the hearing. Each party must be given an opportunity to present its position at a hearing.
(4) Negotiate and recommend to the buyer and the seller conditions for settlement of a complaint.
(5) Hold hearings to present:
(A) the results of the investigation of a complaint; and
(B) the recommendations to the buyer and the seller for settlement of the complaint.
(6) Compel either or both of the following by subpoena:
(A) The attendance and testimony of witnesses.
(B) The production of documents.
If the council issues a subpoena, the circuit or superior court of the county in which a subpoena is to be served shall enforce the subpoena.
[Pre-2008 Recodification Citation: 15-4-11-8.5.]
As added by P.L.2-2008, SEC.6.
Structure Indiana Code
Title 15. Agriculture and Animals
Article 15. Horticulture Products
Chapter 5. Indiana Seed Arbitration Council
15-15-5-1. Applicability of Chapter; Notice
15-15-5-2. Uniform Arbitration Act; Applicability
15-15-5-3. "Agricultural or Vegetable Seeds"
15-15-5-9. Indiana Seed Arbitration Council Established
15-15-5-11. Authority of Council; Investigations; Hearings; Subpoenas
15-15-5-12. Conditions Precedent to Civil Suit; Tolling of Limitations
15-15-5-13. Counterclaims or Defenses; Notice
15-15-5-14. Binding Effect of Arbitration Report
15-15-5-15. Absence of Agreement to Be Bound by Arbitration; Presentation of Post Report Claims
15-15-5-16. Report of Arbitration as Evidence in Subsequent Litigation
15-15-5-17. Filing Arbitration Claim; Filing Fee; Time of Complaint
15-15-5-18. Answer to Complaint; Filing Fee
15-15-5-19. Investigation; Payment of Costs; Disposition of Payments
15-15-5-20. Council Investigation of Complaint
15-15-5-21. Report of Findings
15-15-5-22. Council Report; Contents
15-15-5-23. Delegation of Investigation
15-15-5-24. Confidentiality of Trade Secrets and Proprietary Information
15-15-5-25. Per Diem and Travel Expenses
15-15-5-26. Transmission of Report to Parties
15-15-5-27. Settlement Recommendation; Acceptance or Rejection of Recommendation