(a) (1) An aggrieved grower or licensee with a complaint that is not subject to the federal Packers and Stockyards Act, 1921 (7 U.S.C. Sec. 181 et seq.) or the federal Perishable Agricultural Commodities Act, 1930 (7 U.S.C. Sec. 499a et seq.) may seek resolution of that complaint by filing a complaint with the department within nine months from the date a complete account of sales was due. The complaint shall be accompanied by two copies of all documents in the complainantâs possession that are relevant to establishing the complaint, a filing fee in the amount specified in the fee schedule set forth in paragraph (2), and a written denial of jurisdiction from the appropriate federal agency unless the commodity involved clearly does not fall under the federal Packers and Stockyards Act, 1921 (7 U.S.C. Sec. 181 et seq.) or the federal Perishable Agricultural Commodities Act, 1930 (7 U.S.C. Sec. 499a et seq.). Within five business days of receipt of a signed and verified complaint, the filing fee, and the denials of federal jurisdiction, the department shall serve the verified complaint on the respondent. Service shall be by certified mail. The department, the secretary, the departmentâs employees, the departmentâs agents, the boards and commissions associated with the department, their employees or agents, and the State of California are not parties to the dispute in a proceeding brought under this section. (2) The complaint filing fee schedule shall be as follows: (A) For complaints alleging an amount due of less than one hundred thousand dollars ($100,000), the filing fee shall be two hundred dollars ($200). (B) For complaints alleging an amount due of one hundred thousand dollars ($100,000) or more but less than two hundred fifty thousand dollars ($250,000), the filing fee shall be three hundred dollars ($300). (C) For complaints alleging an amount due of two hundred fifty thousand dollars ($250,000) or more, the filing fee shall be five hundred dollars ($500). (b) The respondent served shall answer within 30 calendar days of service. The respondentâs response shall include two copies of all relevant documentation of the transactions referred to in the verified complaint. (c) Within 30 calendar days of receipt of the answer, the department shall issue to both parties a written factual summary on the basis of the documents that have been filed with the department. (d) If a settlement is not reached within 30 calendar days after the departmentâs summary is issued, the department, on request of the claimant or respondent and upon payment of a filing fee of three hundred dollars ($300), shall schedule alternate dispute resolution, to commence within 90 calendar days. The department shall serve both parties with a notice of hearing, which sets out the time, date, street address, room number, telephone number, and name of the hearing officer. Service of the notice of hearing shall be by certified mail. (e) The alternate dispute resolution shall proceed as follows: (1) The hearing shall be conducted by hearing officers in accordance with standard procedures promulgated by the American Arbitration Association or other acceptable alternative dispute resolution entities. (2) The hearing officers shall be familiar with the type of issues presented by such claims, but need not be attorneys. (3) The sole parties to the proceedings shall be the complainant and the respondent. (4) The disputes, claims, and interests of the department or the State of California are not within the jurisdiction of the proceedings. (5) The validity of a regulation of the department or order promulgated pursuant to this code is not within the jurisdiction of the proceedings. (6) Law and motion matters shall be handled by the assigned hearing officer. (7) The hearing officer has no authority to enter into settlement discussions, except upon stipulation of the parties involved. (8) The parties may represent themselves in propria persona or may be represen
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