| (a) What claims can be filed. Only claims against a licensee or a person required to be licensed for loss or damages due to a violation of the terms or conditions of a contract for the sale of perishable commodities grown in Texas may be filed. The following claims may not be accepted: (1) Claims for perishable commodities grown out-of-state. (2) Claims filed under the Perishable Agriculture Commodities Act (PACA) that are accepted as formal complaints and adjudicated by the United States Department of Agriculture, or claims for which a complainant has filed suit in a court of competent jurisdiction. (b) Who may file. A person who suffers a loss or damages due to the violation of the terms or conditions of a contract by a licensee or a person required to be licensed may file a claim against the Fund. (c) How to file. A claim shall be filed with the department on a prescribed complaint form and shall be accompanied by the prescribed fee. The date of postmark, if mailed, or the date the complaint and fee are received by the department, if hand- delivered, shall be the date the claim is deemed filed. (d) Statute of Limitations. A claim shall be barred if it is filed later than one year from the date the violation of the terms or conditions of a contract occurred. This limitation applies to claims that are based on violations that occurred prior to September 1, 2009. Claims based on violations that occurred on or after September 1, 2009 shall be barred if it is filed later than two years from the date the payment was due. (e) Respondent's Option to Pay. If a recommendation for payment from the Fund is made by a department hearing officer or a payment is awarded in a final department or Board determination, the respondent may pay the amount found to be due directly to complainant rather than have that payment made by the Fund. If direct payment is made, parties shall notify the department in writing. |
| Source Note: The provisions of this §14.10 adopted to be effective August 13, 1997, 22 TexReg 7223; amended to be effective December 13, 1999, 24 TexReg 11101; amended to be effective September 1, 2009, 34 TexReg 5668 |
