Collaborative Dispute Resolution; Mediation
(1)Resolution of contested cases. The department may enter into an informal disposition of a contested case with the parties to a contested case to resolve any matter identified in the department’s notice.
(a)Any informal disposition must be in writing and signed by the party or parties to the contested case;
(b)The department shall incorporate an informal disposition into a final order resolving all issues described in the notice.
(2)Dispute over price stemming from seed quality disputes. When a disagreement over payment or untimely payment stems from a disagreement between the seed dealer and the seed producer or grower regarding the quality of the seed of a contracted or purchased lot, then upon mutual agreement and request of both dealer and producer or grower, the Department may take an official sample of the disputed lot and submit the sample to the Oregon State University, agricultural research station, or other laboratory agreed upon by the parties for testing.
(a)The parties may agree that the results of this test shall be binding upon the dealer and producer or grower.
(b)The parties may agree that the cost of sampling and testing shall be shared equally between the dealer and producer or grower and dealer, but in no case shall the cost of sampling be ascribed to the department unless by consent of the department.
(3)Mediation of disputes. At any time after the department receives a complaint or issues a notice pursuant to OAR 603-047-0200 (Seed dealer Failures to Timely Make Payment; Fee), the parties to the disputed contract may enter into mediation to resolve the matters disputed.
(a)The department may keep a roster of qualified mediators to assist parties wishing to mediate the matters disputed and a mediator may be selected by agreement of the parties.
(b)Any mediation agreement between the parties must contain a provision for reporting to the department as to whether the mediation successfully resolves the matters asserted in the department’s notice. If there is no agreement, the Department may refer the matter to the Office of Administrative Hearings for a contested case hearing.
(c)A request for mediation does not toll the time period for requesting a contested case hearing if a notice has been issued.
Rule 603-047-0500 — Collaborative Dispute Resolution; Mediation,