(1) The director shall create an arbitration committee composed
of five members, including the director, or a department employee
designated by the director, and four members appointed by the
director. The director shall make appointments so that the
committee is balanced and does not favor the interests of either
buyers or dealers. The director also shall appoint four
alternates to the committee. In making appointments the
director, to the extent practical, shall seek the recommendations
of each of the following:
(a) The dean of the college of agriculture and home
economics at Washington State University;
(b) The chief officer of an organization in this state
representing the interests of seed dealers;
(c) The chief officer of an agriculture organization in this
state as the director may determine to be appropriate; and
(d) The president of an agricultural organization in this
state representing persons who purchase seed.
(2) Each alternate member shall serve only in the absence of
the member for whom the person is an alternate.
(3) The committee shall elect a chair and a secretary from
its membership. The chair shall conduct meetings and
deliberations of the committee and direct all of its other
activities. The secretary shall keep accurate records of all
such meetings and deliberations and perform such other duties for
the commission as the chair may direct.
(4) The purpose of the committee is to conduct arbitration
as provided in this chapter. The committee may be called into
session by or at the direction of the director or upon direction
of its chair to consider matters referred to it by the director
in accordance with this chapter.
(5) The members of the committee shall receive no
compensation for performing their duties but shall be reimbursed
for travel expenses; expense reimbursement shall be borne equally
by the parties to the arbitration.
(6) For purposes of this chapter, a quorum of four members
or their alternates is necessary to conduct an arbitration
investigation or to make an award. If a quorum is present, a
simple majority of members present shall be sufficient to make a
decision. Any member disagreeing with the award may prepare a
dissenting opinion and such opinion also will be included in the
committee's report.
(7) The director shall make provisions for staff support,
including legal advice, as the committee finds necessary.
[2010 c 8 § 6063; 1989 c 354 § 81.]
NOTES:
Effective date -- 1989 c 354 §§ 70-81 and 84-86: See note following RCW 15.49.005.
Severability -- 1989 c 354: See note following RCW 15.36.012.