Title 2, Chapter 11, Section 75
( 2-11-75)
(a) Upon receipt of a seed buyer complaint or a commercial fruit or
nut tree buyer complaint and a seller response, the council shall
schedule a hearing date within ten days and shall make a full and
complete investigation of the matters stated in the complaint. (b) Hearings scheduled by the council shall be conducted in Tifton,
Macon, Athens, or Rome, Georgia, whichever is most convenient to the
farmer or other seed or commercial fruit or nut tree purchaser
filing the complaint, such determination to be made by the
chairperson. (c) The Commissioner shall provide administrative support for the
council and shall adopt rules and regulations to govern
investigations and hearings. (d) In conducting its investigation, the council, in addition to
other activities deemed necessary, is authorized to: (1) Examine the purchaser on the use of the seed or commercial
fruit or nut tree or trees about which the complaint is filed, the
purchaser's operation and the seller on the packaging and
labeling, and the seller's operations on the seed or commercial
fruit or nut tree or trees alleged to be faulty or of a different
variety; (2) Grow to production a representative sample of the alleged
faulty seed through the facilities of the state and under the
supervision of the Commissioner, as deemed necessary; (3) Hold informal hearings at a reasonable time as directed by the
chairperson. At such hearing, the purchaser and seller shall be
allowed to present their side of the dispute before the council.
Attorneys may be present, provided that no attorney may
participate directly in the proceeding; and (4) Seek evaluations from authorities in allied disciplines when
deemed necessary. (e) Any investigation made by fewer than all of the councilmembers
shall be by authority of a written directive by the chairperson, and
such investigation shall be summarized in writing and considered by
the council in reporting its findings and recommendations. (f) The Attorney General shall provide legal services for the
council. |