(a) Arbitration filing fee. A nonrefundable filing
fee of $500 shall accompany the sworn complaint and must be sent to
the Texas Department of Agriculture, P.O. Box 629, Giddings, Texas
78942. If the board recommends to award damages to the complainant,
the filing fee may be included in the arbitration costs assessed to
the responsible party.
(b) Arbitration expenses. Upon recommendation of the
board, all costs of arbitration shall be assessed by the commissioner
against any party found responsible by the board. This includes costs
incurred from:
(1) the hiring of an outside investigator;
(2) any investigation expenses (i.e., telephone costs,
mail costs, copy costs, costs for weather reports, costs involved
in growing out a representative sample of the seed involved, and any
other relevant costs);
(3) travel expenses incurred by the board, any outside
investigator and department employees involved in the investigation
and/or arbitration proceedings;
(4) the hiring of an outside arbitrator; and
(5) any arbitration proceeding expenses (i.e., meeting
room costs, telephone costs, mail costs, copy costs, rental of additional
equipment requested by the board or parties involved, and any other
relevant costs).
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Source Note: The provisions of this §6.4 adopted to be effective November 4, 1997, 22 TexReg 10638; amended to be effective September 1, 2003, 28 TexReg 7343; amended to be effective January 1, 2016, 40 TexReg 9614 |