710 ILCS 25/1
Short title
Short title. This Act may be cited as the Seed Arbitration Act. (Source: P.A. 87-186.)
Illinois Compiled Statutes 710 ILCS 25 — Seed Arbitration Act.
Illinois · statute · 710 ILCS 25 · 17 active provisions
710 ILCS 25/5
Definitions
Definitions. "Arbitration" means arbitration under this Act. "Council" means the Seed Arbitration Council. "Department" means the Illinois Department of Agriculture. "Director" means the Illinois Director of Agriculture. "Seed" means agricultural and vegetable seed as defined in the Illinois Seed Law. (Source: P.A. 87-…
710 ILCS 25/10
Purchaser required to arbitrate claim
Purchaser required to arbitrate claim. (a) A purchaser of seed cannot maintain a civil action against the seller for failure of the seed to produce or perform (i) as represented by a label attached to the seed or furnished under the Illinois Seed Law, (ii) as represented by warranty, or (iii) because of negligence, unl…
710 ILCS 25/15
Review Committee
Review Committee. (a) There shall be established a Review Committee consisting of the Director, the President of the Illinois Seed Dealers' Association, and a director of the Cooperative Extension Service, or a designee for each person. Membership on the Review Committee shall be for a period of one year. Each respecti…
710 ILCS 25/20
Filing and serving of complaint
Filing and serving of complaint. A purchaser shall start the arbitration procedure by filing a verified complaint with the Director together with a filing fee which shall be deposited into the General Revenue Fund. The amount of the filing fee shall be set by rule. The Director shall serve a copy of the complaint upon…
710 ILCS 25/25
Filing and serving of answer
Filing and serving of answer. Within 10 days after the seller receives a copy of the complaint, the seller shall file with the Director an answer to the complaint and serve a copy of the answer upon the purchaser by certified mail. (Source: P.A. 90-655, eff. 7-30-98.)
710 ILCS 25/30
Referral of complaint to Review Committee
Referral of complaint to Review Committee. The Director shall refer the complaint and the seller's response to the Review Committee for negotiation and recommendations. (Source: P.A. 87-186.)
710 ILCS 25/35
Seed Arbitration Council
Seed Arbitration Council. (a) The Seed Arbitration Council is established. (b) The following persons or their designees are members of the Council: (1) The Director. (2) The Director of Extension Services of the University of Illinois College of Agriculture. (3) The Dean of the University of Illinois College of Agricul…
710 ILCS 25/40
Powers of the Council
Powers of the Council. The Council shall have the following duties: (1) to examine all records of the purchaser and seller that the Council may consider relevant to the complaint; (2) to investigate and conduct such tests as may be necessary to determine the validity of the complaint or to contract for qualified person…
710 ILCS 25/45
Investigation and report of Council
Investigation and report of Council. (a) Upon referral by the Review Committee of a complaint for investigation, the Council shall make a prompt and full investigation of the matters complained of, attempt to negotiate a settlement, and report its findings and recommendations to the Director. (b) The report of the Coun…
710 ILCS 25/50
Delegated investigation
Delegated investigation. The Council may delegate all or any part of an investigation to one or more of its members. A delegated investigation shall be summarized in writing and considered by the Council in its report. (Source: P.A. 87-186.)
710 ILCS 25/55
Administrative hearing
Administrative hearing. (a) The Department shall within 10 days of receipt of the Seed Arbitration Council's report and recommendation set a date for an administrative hearing to be held not less than 30 days after receiving the Council's report and recommendation. (b) The Department at the administrative hearing shall…
710 ILCS 25/60
Failure of parties to participate in proceedings
Failure of parties to participate in proceedings. Failure of the parties to participate in the proceedings as set forth in this Act shall not constitute a defense in any court proceedings. The Council, based upon its investigation and findings, shall issue a report concerning the complaint that is admissible as evidenc…
710 ILCS 25/65
Legal representation
Legal representation. Any party may be represented by legal council at all proceedings as set forth in accordance with this Act. (Source: P.A. 87-186.)
710 ILCS 25/70
Arbitration
Arbitration. Participation in the arbitration proceedings is required by all parties, but the arbitration findings are non-binding. (Source: P.A. 87-186.)
710 ILCS 25/75
Inapplicability of Uniform Arbitration Act and Health Care Arbitration Act
Inapplicability of Uniform Arbitration Act and Health Care Arbitration Act. Claims to which this Act applies are not subject to the Uniform Arbitration Act or the Health Care Arbitration Act. (Source: P.A. 87-186.)
710 ILCS 25/80
Rules
Rules. The Department may adopt rules for the enforcement of this Act. (Source: P.A. 87-186.)