Section 3916 - Complaint ProceduresIn order to make a formal complaint and seek mediation of a dispute as required by Section 3915, the complainant shall file a complaint within such time as to permit inspection of the crop by the Secretary and the respondent.
(a) To file a complaint, the complainant shall:(1) File a written complaint with the Secretary giving the following information: (A) the complainant's name, address and telephone number;(B) the nature of the complaint and the alleged causes thereof;(C) evidence of purchase and the label of the seed used to plant the affected crop (copies are acceptable, but originals must be presented upon demand by the Secretary during the investigation or mediation); and(D) accurate and complete directions to locate the affected crop;(2) forward a copy of the written complaint to the respondent by certified or registered mail, at the time of filing;(3) pay to the Department of Food and Agriculture a nonrefundable filing fee of two hundred and fifty dollars ($250), at the time of filing in accordance with Section 52321 of the Food and Agricultural Code; and(4) maintain the crop alleged to be damaged in the field until notified of release by the Secretary. The Secretary may require the complainant to maintain a representative portion of the crop. Designation of a representative portion by the Secretary shall be made within seven (7) days after receipt of the complaint.(b) Within seven (7) calendar days after receipt of the copy of the written, filed complaint, the respondent shall file with the Secretary a written answer to the complaint and send a copy of the answer to the complainant by certified mail.(c) The Secretary shall review the complaint to determine if the complaint is within the scope of Section 52332(f) of the Food and Agricultural Code and has been filed in accordance with this section. Within ten (10) calendar days of receipt of the respondent's written answer, the Secretary shall notify both parties in writing of the acceptance or the reason for rejection of the complaint.Cal. Code Regs. Tit. 3, § 3916
1. Editorial correction adding NOTE filed 4-27-83 (Register 83, No. 18).
2. Repealer and new section filed 1-17-96; operative 2-16-96 (Register 96, No. 3). Note: Authority cited: Sections 407 and 52332, Food and Agricultural Code. Reference: Section 52332, Food and Agricultural Code.
1. Editorial correction adding NOTE filed 4-27-83 (Register 83, No. 18).
2. Repealer and new section filed 1-17-96; operative 2-16-96 (Register 96, No. 3).