Sec. 11. The council may do the following:

(1) Examine all nonprivileged records of the buyer and the seller that the council considers relevant to a complaint filed under this chapter.

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Terms Used In Indiana Code 15-15-5-11

  • buyer: means a buyer of:

    Indiana Code 15-15-5-5

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • council: refers to the Indiana seed arbitration council established by section 9 of this chapter. See Indiana Code 15-15-5-7
  • seller: refers to a seller of:

    Indiana Code 15-15-5-8

  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) Investigate and conduct tests the council considers necessary to determine the validity of the complaint. The council may enter into contracts with qualified persons to perform investigations and tests under this subdivision.

(3) Hold hearings at the times and places designated by the chairperson to perform the functions described in section 10 of this chapter. Written notice of a hearing must be given to the buyer and the seller not later than twenty (20) days before the hearing. Each party must be given an opportunity to present its position at a hearing.

(4) Negotiate and recommend to the buyer and the seller conditions for settlement of a complaint.

(5) Hold hearings to present:

(A) the results of the investigation of a complaint; and

(B) the recommendations to the buyer and the seller for settlement of the complaint.

(6) Compel either or both of the following by subpoena:

(A) The attendance and testimony of witnesses.

(B) The production of documents.

If the council issues a subpoena, the circuit or superior court of the county in which a subpoena is to be served shall enforce the subpoena.

[Pre-2008 Recodification Citation: 15-4-11-8.5.]

As added by P.L.2-2008, SEC.6.