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RULE §1.602Submitting a Dispute for Settlement

(a) If there is a dispute as to the amounts owed a lien claimant for agricultural chemicals or feed or the costs of labor associated therewith as defined under the Texas Agriculture Code, Chapters 128 and 188, an attempt at resolving the dispute may be submitted to the department prior to the filing of the notice of claim of lien with the Secretary of State's Office by the lien claimant.

(b) A debtor (buyer) or lien claimant (seller) subject to this subchapter may request that the department resolve a dispute as to amounts owed a lien claimant by filing a request for setting of a settlement conference with the department's Office of General Counsel.

(c) The request for setting must be filed with the department within ten days of the date that the debtor receives a notice of intent to file a claim of lien in accordance with the Texas Agriculture Code, §128.006 and §188.006, must be in writing and must include supporting documentation such as:

  (1) any written agreements regarding the debt in dispute;

  (2) invoices or other documents to establish delivery of the agricultural chemicals, agricultural feed, or provision of labor associated with the chemicals or feed; any correspondence between parties regarding the debt;

  (3) any notices provided the debtor regarding the debt; and

  (4) information to support agreed or reasonable charges for agricultural chemicals, agricultural seed or the provision of labor associated with the chemicals or feed.

(d) The request for setting and supporting documentation shall be sent to: Office of General Counsel, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Requests may be submitted by fax at (512) 463-8170.

(e) Copies of a request for setting shall be sent to the opposing party, by certified mail, return receipt requested, or by fax, by the requester.

Source Note: The provisions of this §1.602 adopted to be effective September 22, 1997, 22 TexReg 9242.

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