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
(a) Any informal
disposition must be in writing and signed by the party or parties to the
(b) The department
shall incorporate an informal disposition into a final order resolving all
issues described in the notice.
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.
Mediation of disputes. At any time after
the department receives a complaint or issues a notice pursuant to OAR
, the parties to the disputed contract may enter into mediation to
resolve the matters disputed.
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
(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
(c) A request for
mediation does not toll the time period for requesting a contested case hearing
if a notice has been issued.