(1) The seller's response filed with the department shall contain, but is not limited to the following:

(a) seller name and address;

(b) grower name filing for alternative dispute resolution;

(c) date seller was first notified of request for alternative dispute resolution;

(d) responses made to the complaint, whether they agree or disagree and why;

(e) seed lot identification including:

(i) name of seed labeler;

(ii) lot number;

(iii) certification number;

(iv) seed kind;

(v) seed variety;

(vi) seed treatment, (if treated) ;

(vii) any tests conducted on the lot in question (purity, germination, barley streak mosaic virus, other) ; and

(viii) production year of seed lot;

(f) list of any additional sales of this lot;

(g) list of any other complaints that may have been received; and

(h) seller name, date and signature.

(2) The filing fee of $250 must accompany the copy sent to the department and is non-refundable upon receipt by the department.

(3) The department may request additional information.

(4) If the seller fails to respond within the time given, the council may place the seller in default and advise the buyer of their right to proceed with a civil complaint in state district court.

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