Cal. Code Regs. tit. 3 § 3918

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 3918 - Mediation Procedures

If, during the course of the investigation, the complainant and respondent have not resolved the disputed complaint, the complainant may request mediation.

(a) To request mediation of the disputed complaint the complainant shall:

(1) file a written request for mediation with the Secretary within ten (10) days after the receipt of the investigation report; and

(2) forward a copy of the request for mediation to the respondent by certified mail.

(b) Within seven (7) days after receipt of the request for mediation, the Secretary shall:

(1) appoint a mediator from within the Department or by contract with outside mediation services; and

(2) set a time and place for the mediation hearing. The mediation hearing shall begin within thirty (30) days after the request for mediation and shall take place in the county in which the crop alleged to be damaged was grown unless other arrangements are agreed to by the complainant and the respondent.

(c) The Secretary may declare an impasse if the mediator determines that either party fails to be responsive to the mediation process during the mediation hearing.

(d) The mediator shall file a report with the Secretary within seven (7) days after completion of the mediation hearing and transmit same by certified mail to the complainant and respondent.

(e) Within seven (7) days after receipt of the mediator's report, the complainant and respondent shall file with the Secretary written notice of acceptance or rejection of the mediation. Upon completion of mediation or declared impasse, the prerequisite requirement as specified in Section 52332(f) of the Food and Agricultural Code shall be satisfied.

Cal. Code Regs. Tit. 3, § 3918

1. Amendment filed 7-28-77 as organizational and procedural; effective upon filing (Register 77, No. 31).
2. Editorial correction adding NOTE filed 4-27-83 (Register 83, No. 18).
3. 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.