§ 106-277.30. Filing complaint; investigation; referral to Seed Board.
§ 106‑277.30. Filing complaint; investigation; referral to Seed Board.
(a) Complaint by Buyer. When a buyer believes that he or shehas suffered damages due to the failure of agricultural or vegetable seed toproduce or perform as labeled or as warranted, or as the result of negligence,the buyer may make a sworn complaint against the dealer from whom the seedswere purchased, alleging the damages sustained or to be sustained, and file thecomplaint with the Commissioner within such time as to permit inspection of theseed, crops, or plants. The buyer shall send a copy of the complaint to thedealer by registered or certified mail. A filing fee of one hundred dollars($100.00) shall be paid to the Department with each complaint filed. This feemay be used by the Commissioner to offset the expenses of the Seed Boardincurred under G.S. 106‑277.32. Within 10 days after receipt of a copy ofthe complaint, the dealer may file an answer to the complaint and, in thatevent, shall send a copy to the buyer by registered or certified mail.
(b) Investigation Requested by Dealer. Any dealer who hasreceived notice, either orally or in writing, that a buyer believes that he orshe has suffered damage due to the failure of agricultural or vegetable seedsold by the dealer to perform as labeled or as warranted, or as a result ofnegligence, may request an investigation by the Seed Board pursuant to G.S. 106‑277.32.A filing fee of one hundred dollars ($100.00) shall be paid to the Departmentby the party requesting the investigation. The dealer shall send a copy of therequest to the buyer by registered or certified mail. The buyer may file aresponse to the request with the Commissioner within 10 days of receipt of therequest for an investigation.
(c) Referral to Seed Board. The Commissioner shall refer thecomplaint or request for investigation to the Seed Board to investigate andmake findings and recommendations on the matters complained of pursuant to G.S.106‑277.32. (1998‑210, s.3.)