| (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.
(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.
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