(1) The buyer's sworn complaint must be on forms provided by the department or in a format containing the following information:

(a) name and address of person or company filing for alternative dispute resolution;

(i) permission to enter owned or leased property for purposes of conducting an investigation of the sworn complaint;

(b) seller name and address where seed was purchased;

(c) crop kind, crop variety and, if applicable, brand name;

(d) lot number and amount of seed purchased, purity and germination information;

(e) amount of carryover seed available for sampling purposes;

(f) description of complaint, including alleged damages and dollar loss estimates;

(g) crop production information may include, but is not limited to:

(i) legal description of field;

(ii) acres affected;

(iii) planting date, seeding rate, and seeding depth;

(iv) previous three years field crop history; and

(v) directions to or location of field;

(h) filing date;

(i) signature; and

(j) notary's acknowledgment.

(2) The filing fee of $250 must accompany the copy sent to the department, and is non-refundable upon receipt of an answer from the seller as required in 80-5-506 (2) , MCA.

(3) The department may request additional information.

History: 80-5-509, MCA; IMP, 80-5-506, MCA; NEW, 2004 MAR p. 2102, Eff. 9/3/04.