Text: HF00268 Text: HF00270 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 SUBCHAPTER II
1 2 AGRICULTURAL SEED RESOLUTION BOARD
1 3 Section 1. NEW SECTION. 199.21 DEFINITIONS.
1 4 As used in this subchapter, unless the context otherwise
1 5 requires:
1 6 1. "Board" means the agricultural seed resolution board as
1 7 established in section 199.22.
1 8 2. "Confidential information" means research, commercial,
1 9 or proprietary information, or a trade secret that is subject
1 10 to a protective order in discovery under the Iowa rules of
1 11 civil procedure or that is protected from public disclosure
1 12 pursuant to state law, including section 22.7.
1 13 3. "Dispute" means a controversy between a purchaser and a
1 14 seed labeler which is based on a claim that the seed failed to
1 15 perform based on any of the following:
1 16 a. A breach of warranty, including failure to perform
1 17 according to representations appearing on the label or placard
1 18 for the seed which is required pursuant to section 199.3 or
1 19 199.4.
1 20 b. Negligence or malfeasance attributable to the seed
1 21 labeler.
1 22 4. "Inquiry period" means the period for inquiry beginning
1 23 and ending as provided in sections 199.26 and 199.27.
1 24 5. "Party" means a purchaser or seed labeler.
1 25 6. "Purchaser" means the purchaser of seed that is labeled
1 26 by a seed labeler.
1 27 7. "Secretary" means the secretary of agriculture.
1 28 8. "Seed" means agricultural seed as defined in section
1 29 199.1.
1 30 9. "Seed labeler" means a person required to label seed as
1 31 provided in section 199.3 or 199.4.
1 32 Sec. 2. NEW SECTION. 199.22 BOARD ESTABLISHED.
1 33 1. An agricultural seed resolution board is established
1 34 within the department.
1 35 2. The board shall be composed of all of the following
2 1 persons:
2 2 a. The secretary or the secretary's designee.
2 3 b. The dean of the college of agriculture of the Iowa
2 4 state university of science and technology, or the dean's
2 5 designee.
2 6 c. A person appointed by the president of Iowa state
2 7 university who shall be an expert in seed science.
2 8 d. Two persons appointed by the secretary.
2 9 (1) One person shall represent seed businesses labeling
2 10 seed. The person shall be a member of an association of seed
2 11 businesses.
2 12 (2) One person shall represent grain producers or oil seed
2 13 producers. The person shall be a member of an association of
2 14 grain producers or oil seed producers, and shall be actively
2 15 engaged in grain or oil seed production.
2 16 3. Persons appointed by the secretary shall be selected
2 17 from a list of candidates requested from interested
2 18 organizations of seed businesses and grain or oil seed
2 19 producers.
2 20 4. Appointed members shall serve three-year terms
2 21 beginning and ending as provided in section 69.19. However,
2 22 the governor shall appoint initial members to serve for less
2 23 than three years to ensure members serve staggered terms. A
2 24 member is eligible for reappointment. An appointed member
2 25 representing an association is entitled to receive
2 26 compensation as provided in section 7E.6. A vacancy on the
2 27 board shall be filled for the unexpired portion of the regular
2 28 term in the same manner as regular appointments are made.
2 29 5. The board shall meet according to rules adopted by the
2 30 department. Three members constitute a quorum and the
2 31 affirmative vote of a majority of the members present is
2 32 necessary for any substantive action to be taken by the board.
2 33 However, a release report as required in section 199.34 shall
2 34 not be approved if more than one member present dissents. A
2 35 vacancy in the membership does not impair the duties of the
3 1 board.
3 2 6. A member having a conflict of interest shall not
3 3 participate in the inquiry for which the conflict exists, and
3 4 a statement by a member that the member has a conflict of
3 5 interest is conclusive for this purpose. A member shall not
3 6 participate in an inquiry involving a dispute in which a
3 7 member is personally interested. If a reasonable basis
3 8 appears on which to conclude that a member has a conflict of
3 9 interest, the secretary shall recuse the member and may
3 10 appoint a person to replace the recused member. The person
3 11 replacing the member must be knowledgeable regarding the same
3 12 issues as the recused member. The replacement member shall
3 13 have all the powers and duties of the recused member.
3 14 7. Each member of the board shall, before entering upon
3 15 the duties of the member's office, be sworn to the faithful
3 16 and impartial discharge of the member's duties under this
3 17 subchapter.
3 18 8. The department shall serve as staff to the board.
3 19 Sec. 3. NEW SECTION. 199.23 RULES.
3 20 The department shall adopt rules required to administer
3 21 this subchapter after review and approval by the board.
3 22 Sec. 4. NEW SECTION. 199.24 PURPOSE OF THE BOARD.
3 23 The purpose of the board is to hear and investigate
3 24 disputes, collect and analyze evidence, and prepare findings
3 25 of fact and opinions, involving controversy between a
3 26 purchaser and a seed labeler which is based on a claim that
3 27 the seed failed to perform as promised, or due to negligence
3 28 or malfeasance attributable to the seed labeler.
3 29 Sec. 5. NEW SECTION. 199.25 CONSENT TO AN INQUIRY.
3 30 A purchaser shall consent to an inquiry as provided in this
3 31 subchapter by purchasing seed subject to the procedures for
3 32 disputes provided in this subchapter. The purchaser provides
3 33 consent if the requirement for dispute inquiry as provided in
3 34 this subchapter is provided on a label as provided in section
3 35 199.3, a placard for the sale of bulk seed as provided in
4 1 section 199.4, or a sales invoice. The notice shall appear in
4 2 a form required by the department pursuant to rules adopted by
4 3 the department. A purchaser does not provide consent if the
4 4 requirement for dispute inquiry as provided in this subchapter
4 5 is not provided on a label as provided in section 199.3, a
4 6 placard for the sale of bulk seed as provided in section
4 7 199.4, or a sales invoice.
4 8 Sec. 6. NEW SECTION. 199.26 MANDATORY INQUIRY.
4 9 1. A purchaser desiring to initiate a civil proceeding to
4 10 resolve a dispute shall file an inquiry petition with the
4 11 department, according to rules adopted by the department. A
4 12 purchaser shall not begin the civil proceeding until the
4 13 parties receive a release from the board, or until the court
4 14 determines after notice and hearing that the time delay
4 15 required for the review would cause the purchaser to suffer
4 16 irreparable harm.
4 17 2. If a release is necessary in order to initiate a civil
4 18 action, the board shall conduct an inquiry as provided in this
4 19 subchapter upon receipt of a petition for inquiry.
4 20 3. The board shall issue a release based upon any of the
4 21 following:
4 22 a. The conclusion of the inquiry period, and the issuance
4 23 of a release report to the secretary as provided in section
4 24 199.34.
4 25 b. A court order requiring the issuance of the release.
4 26 c. A determination that the purchaser did not consent to
4 27 the inquiry because the requirement for dispute inquiry was
4 28 not provided on a label, placard, or sales invoice, as
4 29 required pursuant to section 199.25.
4 30 d. A determination that the purchaser's petition was not
4 31 filed in a timely manner as provided in this section.
4 32 e. The receipt of an affidavit signed by both parties
4 33 waiving inquiry.
4 34 4. The board may terminate the inquiry if the board
4 35 receives a petition for termination by the purchaser.
5 1 Sec. 7. NEW SECTION. 199.27 TIME PERIODS FOR INQUIRY
5 2 PROCEEDINGS.
5 3 1. Within ten business days after receiving a petition for
5 4 inquiry, the board shall send an inquiry notice to all parties
5 5 to the dispute which may set a time and place for an initial
5 6 hearing.
5 7 2. a. Except as provided in paragraph "b", all of the
5 8 following shall apply:
5 9 (1) The board shall conduct at least one inquiry hearing,
5 10 if required pursuant to section 199.32, within thirty days of
5 11 the issuance of the inquiry notice.
5 12 (2) The board may call subsequent inquiry hearings during
5 13 the inquiry period, which shall be for not more than sixty
5 14 days after the board receives a petition for inquiry.
5 15 b. If all parties to a dispute consent, the first inquiry
5 16 hearing may occur after thirty days of the issuance of inquiry
5 17 notice, and the board may continue the inquiry after the end
5 18 of the ordinary inquiry period. Upon a majority vote of the
5 19 members, the board may without the consent of the parties
5 20 extend the inquiry period for the amount of time required to
5 21 complete tests necessary for the sound resolution of the
5 22 dispute.
5 23 Sec. 8. NEW SECTION. 199.28 INQUIRY PETITION, NOTICE,
5 24 AND ANSWER.
5 25 1. An inquiry petition required to be filed as provided in
5 26 section 199.26 shall be filed with the department within a
5 27 period of time required by the board which allows the board to
5 28 inspect seed, plants, or growing or harvested crops which are
5 29 subject to the dispute.
5 30 2. An inquiry petition and an inquiry notice shall contain
5 31 information required by the board according to rules adopted
5 32 by the department.
5 33 a. An inquiry petition shall at least include a short and
5 34 plain statement of the matters asserted. If the purchaser is
5 35 unable to state the matters in detail at the time the notice
6 1 is served, the petition may be limited to a statement of the
6 2 issues involved. The purchaser shall furnish a more definite
6 3 and detailed statement as required by the board.
6 4 b. An inquiry notice to the parties shall at least include
6 5 a statement of the time, place, and nature of the inquiry
6 6 hearing. The department shall attach a copy of the inquiry
6 7 petition to the notice delivered to the seed labeler.
6 8 3. The department shall send the inquiry notice to the
6 9 parties by certified mail.
6 10 4. The seed labeler may file an answer to an inquiry
6 11 petition according to procedures adopted by rule by the
6 12 department. The answer shall specifically admit or deny each
6 13 allegation of the petition and state any additional facts
6 14 deemed to show a defense.
6 15 Sec. 9. NEW SECTION. 199.29 EFFECT OF AN INQUIRY NOTICE.
6 16 1. If a person filing an inquiry petition as provided in
6 17 section 199.28 receives from the board an inquiry notice as
6 18 provided in section 199.28, the person shall not continue
6 19 civil proceedings based on a claim relating to a dispute
6 20 subject to this subchapter unless the court determines that
6 21 the time delay required for the inquiry would cause the person
6 22 to suffer irreparable harm.
6 23 2. Time periods relating to a cause of action, including
6 24 applicable statutes of limitations, shall be suspended upon
6 25 filing an inquiry petition. The suspension shall terminate at
6 26 the conclusion of the inquiry period.
6 27 Sec. 10. NEW SECTION. 199.30 PRIORITIZING INQUIRY
6 28 PROCEEDINGS.
6 29 The board may establish procedures for prioritizing
6 30 disputes for inquiry. The board may delegate all or part of
6 31 any inquiry to two or more members, who shall make a report to
6 32 the board as required by the board.
6 33 Sec. 11. NEW SECTION. 199.31 INFORMAL SETTLEMENT.
6 34 Informal settlements of disputes that may culminate in an
6 35 inquiry proceeding are encouraged. The department may adopt
7 1 rules providing specific procedures for attempting informal
7 2 settlements prior to, during, or after the end of the inquiry
7 3 period. This section shall not be construed to require either
7 4 party to utilize informal procedures or settle a dispute
7 5 pursuant to informal procedures. An informal disposition may
7 6 be made of any dispute by stipulation, agreed settlement,
7 7 consent order, default, or by another method agreed upon by
7 8 the parties in writing.
7 9 Sec. 12. NEW SECTION. 199.32 INQUIRY PROCEEDINGS --
7 10 HEARINGS.
7 11 1. The board shall conduct inquiry hearings as provided by
7 12 rules adopted by the department. The board must conduct an
7 13 inquiry hearing if an answer is filed as provided in section
7 14 199.28. The parties to a dispute may, by written stipulation
7 15 representing an informed mutual consent, waive any provision
7 16 of this section relating to inquiry hearings, upon consent of
7 17 the board.
7 18 2. A party shall assume all costs for presenting evidence
7 19 or testimony to the board.
7 20 3. If a party fails to appear at an inquiry hearing after
7 21 proper service of a hearing notice, the board may, if
7 22 adjournment is not granted, proceed with the inquiry hearing
7 23 and continue the inquiry hearing in the absence of the party.
7 24 4. Each party shall be allowed to present a statement
7 25 including a brief on applicable laws and regulations at a
7 26 hearing before the board. Parties may be represented by
7 27 counsel at their own expense, and attorneys may be present at
7 28 the hearing to confer with their clients. However, an
7 29 attorney shall not be allowed to participate directly in the
7 30 hearing.
7 31 5. Except as provided in section 199.33, inquiry hearings
7 32 shall be open to the public and shall be recorded either by
7 33 mechanized means or by a certified shorthand reporter.
7 34 6. In conducting a hearing, the board shall have all the
7 35 powers of the department in hearing a contested case
8 1 proceeding under chapter 17A. The board may summon before it
8 2 and enforce the attendance of witnesses; administer oaths; and
8 3 require witnesses to give evidence, produce books, papers, and
8 4 other documents or things as the board may deem requisite to
8 5 the full investigation of the matters into which it is
8 6 inquiring. The board shall exclude irrelevant, immaterial, or
8 7 unduly repetitious evidence. A finding shall be based upon
8 8 the kind of evidence on which reasonably prudent persons are
8 9 accustomed to rely for the conduct of their serious affairs,
8 10 and may be based upon such evidence even if it would be
8 11 inadmissible in a jury trial.
8 12 7. a. The board shall utilize its experience, technical
8 13 competence, and specialized knowledge in the evaluation of the
8 14 evidence concerning a dispute.
8 15 b. The board may consider ex parte communications,
8 16 including communications offered by either party to the
8 17 dispute, witnesses, experts, or departmental officials. The
8 18 board may conduct or request that another person conduct an
8 19 examination or analysis of seeds, or perform tests or
8 20 experiments involving the seeds, plants, or grain. The
8 21 department of agriculture and land stewardship and Iowa state
8 22 university shall cooperate in carrying out this subsection.
8 23 8. If the board seeks information from a party which the
8 24 party claims is confidential information that is not relevant
8 25 to the inquiry, and access to the information cannot be
8 26 resolved informally, a determination on access shall be made
8 27 through a petition to district court for declaratory judgment
8 28 and an in camera confidential viewing of such information.
8 29 The board and the court shall provide appropriate processes to
8 30 safeguard the confidentiality of such information.
8 31 Sec. 13. NEW SECTION. 199.33 RECORD – CONFIDENTIALITY
8 32 – CLOSED SESSION.
8 33 1. The board shall maintain a record of its inquiry
8 34 proceeding. The record shall include all of the following:
8 35 a. All evidence received or considered by the board.
9 1 b. Any statement of matters officially noticed.
9 2 c. Any findings or rulings of the board.
9 3 d. Any petition for inquiry or answer.
9 4 e. The board's release report as provided in section
9 5 199.34.
9 6 2. Verbal or written information relating to an inquiry
9 7 during any stage of the inquiry proceeding, whether reflected
9 8 in notes, memoranda, or other work products in the inquiry
9 9 files, is confidential, until the conclusion of the inquiry as
9 10 provided in section 199.34. At the conclusion of the inquiry,
9 11 chapter 22 shall apply to information received by the board.
9 12 However, confidential information shall not be subject to
9 13 public disclosure unless agreed to by the party claiming the
9 14 confidentiality.
9 15 3. Notwithstanding section 21.5, the board may conduct a
9 16 closed session after a majority vote of the members present
9 17 approve closing the session. The closed session must be
9 18 necessary for any reason provided in section 21.5 or to
9 19 consider confidential information.
9 20 4. Members of the board shall not be examined in any
9 21 judicial or administrative proceeding regarding confidential
9 22 information and are not subject to judicial or administrative
9 23 process requiring the disclosure of confidential information.
9 24 Sec. 14. NEW SECTION. 199.34 CONCLUSION OF THE INQUIRY
9 25 PERIOD – RELEASE REPORT.
9 26 The board shall issue a release within sixty days following
9 27 the conclusion of the inquiry period. The release shall
9 28 include a release report. The report shall contain findings
9 29 of fact regarding the dispute and opinions regarding the
9 30 issues in dispute. The board shall file the record of the
9 31 inquiry proceedings with the department including original
9 32 exhibits, a transcript of the proceedings, and evidence
9 33 received by the board. Confidential information shall not be
9 34 disclosed except as agreed to by the party protecting the
9 35 information. A court may review confidential information in
10 1 camera. The release shall include the date when the release
10 2 was issued by the board and the signature of the secretary of
10 3 the board.
10 4 Sec. 15. NEW SECTION. 199.35 LIMITATION ON LIABILITY –
10 5 IMMUNITY FROM SPECIAL ACTIONS.
10 6 1. A member of the board is not liable for civil damages
10 7 for a statement or opinion made during the inquiry period,
10 8 unless the member acts in bad faith, with malicious purpose,
10 9 or in a manner exhibiting willful and wanton disregard of
10 10 human rights, safety, or property.
10 11 2. A judicial action which seeks an injunction, mandamus,
10 12 or similar equitable relief shall not be brought against the
10 13 board until conclusion of the inquiry as provided in section
10 14 199.34.
10 15 Sec. 16. NEW SECTION. 199.36 FEES.
10 16 1. A purchaser filing an inquiry petition as provided in
10 17 section 199.28 shall submit a filing fee with the department.
10 18 The fees shall be submitted in a manner and according to
10 19 requirements established by the board. The board shall
10 20 establish the amount of the fee. The board may waive the fee
10 21 for any party demonstrating financial hardship.
10 22 2. The fees collected by the department shall be
10 23 considered repayment receipts as defined in section 8.2.
10 24 Sec. 17. NEW SECTION. 199.37 COURTS.
10 25 Any case heard by a court involving a claim which was
10 26 subject to an inquiry shall be tried de novo. However, the
10 27 court trying an issue of fact without a jury, whether by
10 28 equitable or ordinary proceedings, may adopt the findings of
10 29 the board as a report filed by a master. In a case in which
10 30 the trier of facts is a jury or the court trying the case
10 31 without a jury, either party in a case arising from a dispute
10 32 may offer the record of the inquiry proceeding as evidence of
10 33 facts alleged by a party. A party may offer the report as
10 34 evidence of facts alleged by a party or as expert opinion
10 35 rendered by the board.
11 1 EXPLANATION
11 2 This bill establishes an agricultural seed resolution board
11 3 within the department of agriculture and land stewardship.
11 4 The purpose of the board is to hear and investigate disputes,
11 5 collect and analyze evidence, and prepare findings of fact and
11 6 opinions, involving controversy between a purchaser and a seed
11 7 company which is based on a claim that the seed failed to
11 8 perform as promised, or due to negligence or malfeasance
11 9 attributable to the seed labeler.
11 10 The board is composed of the secretary of agriculture, or
11 11 the secretary's designee; the dean of the college of
11 12 agriculture of the Iowa state university of science and
11 13 technology, or the dean's designee; a person appointed by the
11 14 president of Iowa state university who shall be an expert in
11 15 seed science; and two persons appointed by the secretary, one
11 16 person representing seed companies and one person representing
11 17 grain producers or oil seed producers.
11 18 The bill provides that a purchaser consents to an inquiry
11 19 as provided in the bill by purchasing seed subject to the
11 20 procedures for dispute if the requirement for dispute inquiry
11 21 is provided on a label, placard for the sale of bulk seed, or
11 22 a sales invoice.
11 23 The board is required to investigate a dispute and prepare
11 24 a report containing findings of fact regarding the dispute,
11 25 including opinions determined relevant by the board.
11 26 A person who is a purchaser under the bill who desires to
11 27 initiate a civil proceeding to resolve a dispute must file an
11 28 inquiry petition with the department. The purchaser cannot
11 29 begin the civil proceeding until the parties to the dispute
11 30 receive a release from the board, or until ordered by a court.
11 31 The board shall issue a release based upon a number of
11 32 factors, including the conclusion of the inquiry period. The
11 33 board must send an inquiry notice to all parties to the
11 34 dispute and must call an inquiry hearing within a time
11 35 certain. The board is charged to utilize its experience,
12 1 technical competence, and specialized knowledge in the
12 2 evaluation of the evidence concerning a dispute. The bill
12 3 provides for collecting evidence including testimony from
12 4 interested persons, or conducting an examination or analysis
12 5 of seeds, or performing tests or experiments involving the
12 6 seeds, plants, or grain.
12 7 The bill provides that informal settlements of disputes
12 8 that may culminate in an inquiry proceeding are encouraged.
12 9 The board may conduct inquiry hearings. The bill provides
12 10 procedures for the conduct of those hearings. The bill
12 11 provides for maintaining a record of its inquiry, including
12 12 evidence received by the board and the record of each inquiry
12 13 hearing. The bill provides for the confidentiality of
12 14 information received by the board, and for closed sessions.
12 15 At the conclusion of the inquiry period, the board is
12 16 required to issue a release, which includes a release report.
12 17 The report must contain findings of fact regarding the
12 18 dispute, including opinions regarding the issues in dispute.
12 19 The board must also file a record of the inquiry proceeding
12 20 with the department. The record includes original exhibits, a
12 21 transcript of the proceedings, and evidence received by the
12 22 board.
12 23 The bill provides that a member of the board is not liable
12 24 for civil damages for a statement or opinion made during the
12 25 inquiry period, unless the member acts in bad faith. The bill
12 26 provides that a judicial action which seeks an injunction,
12 27 mandamus, or similar equitable relief cannot be brought
12 28 against the board until conclusion of the inquiry.
12 29 The bill provides that a purchaser filing an inquiry
12 30 petition shall submit a filing fee with the department. The
12 31 fees collected by the department are considered repayment
12 32 receipts.
12 33 The bill provides that in any case involving a claim which
12 34 was subject to a dispute, the court trying an issue of fact
12 35 without a jury, may adopt the findings of the board as a
13 1 report filed by a master. In any case, either party in a case
13 2 arising from a dispute may offer the report or the record as
13 3 evidence of facts alleged by a party or as expert opinion.
13 4 LSB 1103YH 78
13 5 da/cf/24.4
Text: HF00268 Text: HF00270 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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