Sec. 19. (a) Before beginning a complaint investigation, the commissioner shall prepare and provide to the parties an estimate of the costs to be incurred during the investigation of the complaint.
(b) Before a complaint investigation begins, the buyer and the seller shall each pay to the commissioner an amount equal to fifty percent (50%) of the costs estimated by the commissioner under subsection (a). The money required to be paid under this subsection is in addition to the filing fees required by sections 17 and 18 of this chapter.
(c) The commissioner shall deposit the money paid under subsection (b) in a separate account. The costs of the investigation shall be paid from money in the account.
(d) If the actual costs of the investigation are greater than the costs estimated under subsection (a), the buyer and the seller shall each pay fifty percent (50%) of the difference between the actual costs and the costs estimated under subsection (a).
(e) If the actual costs of the investigation are less than the costs estimated under subsection (a), the commissioner shall refund to the buyer and the seller each fifty percent (50%) of the difference between the actual costs and the costs estimated under subsection (a).
[Pre-2008 Recodification Citation: 15-4-11-15.5.]
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