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§ 1703. Alternative Dispute Resolution Initiation.

3 CA ADC § 1703Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 3. Food and Agriculture
Division 3. Economics (Refs & Annos)
Chapter 2.2. Market Enforcement
Subchapter 1. Licensing
Article 4. Private Disputes
3 CCR § 1703
§ 1703. Alternative Dispute Resolution Initiation.
Currentness
(a) An aggrieved grower or licensee may initiate Alternative Dispute Resolution (ADR) through the Department by filing a Verified Complaint within nine (9) months of when a dispute arises, as specified in the Act.
(1) Compliance with the 9-month time frame is jurisdictional and the complainant shall prove compliance.
(A) The provisions of a valid, written contract between the complainant and the licensee are conclusive evidence of due date where the contract addresses due date for account of sales.
(B) In the absence of a written contract the complainant may prove dates through other competent evidence. This evidence could include--but is not limited to--past practice, affidavits, letters, indicative behavior of parties, or timing which establishes the account of sale could not have been due longer ago than nine (9) months from the filing of the Verified Complaint.
(C) Lacking a written contract or competent evidence, the Department shall conclude the complainant has not established compliance with the 9-month time frame.
(D) It is not necessary for the purposes of this section that the licensee render an actual, conforming account of sales.
(E) A purported “Account of Sale” is not complete unless it meets each and every element established by Food and Agricultural Code Section 56273.1. The issue in these circumstances is when an accounting was due, not whether one was done.
(b) If the underlying transaction is subject to the federal Packers and Stockyards Act, 1921 or the federal Perishable Agricultural Commodities Act, 1930 (PACA), the grower shall not initiate ADR. This requirement is jurisdictional. The Department shall not waive it. Satisfying this requirement is the complainant's responsibility, not the Department's. The complainant shall secure written confirmation, signed by an appropriate official, that the transaction is not subject to the Federal laws stated in this subdivision.

Credits

Note: Authority cited: Sections 407 and 55721, Food and Agricultural Code. Reference: Sections 404 and 56382.5, Food and Agricultural Code; and Section 15376, Government Code.
History
1. New article 4 (sections 1703-1703.5) and section filed 12-15-2000; operative 1-14-2001 (Register 2000, No. 50).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 3, § 1703, 3 CA ADC § 1703
End of Document