4.12.3205    INVESTIGATION PROCEDURES

(1) Investigation procedures may include, but are not limited to the following:

(a) interviewing the buyer of the seed;

(b) interviewing the seller of the seed;

(c) obtaining sample(s) of any remaining seed for grow out tests;

(d) obtaining copies of records of fertilizer or pesticide that were applied to the field;

(e) observing the field conditions in question and obtaining:

(i) pictures of plants growing;

(ii) stand counts of plants;

(iii) soil samples for analysis of fertilizer and pesticide residue; and

(iv) maps of the field showing patterns or findings observed;

(f) contacting weather service to obtain weather information during the growing season;

(g) contacting university, extension, or industry personnel with expertise on crop type in question; and

(h) observing other documentation as deemed necessary by council members.

(2) Investigations made by the council should be organized and under the direction of a lead investigator with the greatest knowledge of the cropping system and crop type involved in the complaint. This lead investigator may be chosen from the council membership.

(3) If the council determines none of its members possess the knowledge or expertise to conduct a thorough investigation, nothing in these rules shall preclude the council from appointing an investigator from outside its membership to conduct the investigation.

History: 80-5-509, MCA; IMP, 80-5-504 and 80-5-506, MCA; NEW, 2004 MAR p. 2102, Eff. 9/3/04.