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RULE §6.4Cost of Arbitration

(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).

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

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