Minnesota Administrative Code

1500.1501 FEDERAL PREEMPTION. If federal and state regulation are identical, federal jurisdiction and enforcement control unless the federal authority decides not to enforce the regulation. Statutory Authority: MS s 27.14 History: 16 SR 2441 Published Electronically: February 5, …

1500.1800 CONFIRMATION OF PRODUCE SALES CONTRACT. Whenever a contract is entered into between the purchaser and the seller or the seller's agent for the purchase of farm produce and a confirmation is submitted by either the seller or agent, unless the purchaser refuses to accept …

1500.2000 INSPECTION. When the conditions of any shipment so seized shall be deemed to be such as to demand immediate disposal in order to prevent material loss to the shipper, and the shipper cannot be located or does not reply promptly to notification of the commissioner, the c…

1500.2100 ESCROW IN BEHALF OF SHIPPER. The produce shall then be delivered by order of the commissioner to a licensed dealer at wholesale who shall sell the same for the account of the shipper, returning the proceeds of said sale, less the expense incurred thereof, to the commiss…

1500.3300 DEFINITIONS. Subpart 1. Scope. The following terms have the meaning given to them. Subp. 2. Agricultural commodity. "Agricultural commodity" includes all agricultural goods produced by associations for marketing individually or collectively under contract with handlers,…

1500.3400 VALUE LIMITS FOR PRODUCER ACTING AS HANDLER. A producer who markets agricultural commodities produced by other producers shall be classed as a handler only when the value of the agricultural commodity obtained from other producers exceeds $25,000 in any marketing year. …

1500.3500 PROCESSING FEES FOR ACCREDITATION. At the time an association requests accreditation by the commissioner for bargaining purposes such request shall be accompanied by a fee of $100. The commissioner shall determine actual costs connected with such accreditation including…

1500.3600 ALTERNATE MARKETING YEAR. If either the association or the handler requests that an alternative time period for a specific agricultural commodity be designated as its marketing year, the commissioner shall call for a hearing on ten days written notice to both the handle…

1501.0100 MR 2001 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] Published Electronically: April 4, 2003

1501.0200 MR 2001 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] Published Electronically: April 4, 2003

1501.0300 MR 2001 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] Published Electronically: April 4, 2003

1501.0400 MR 2001 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] Published Electronically: April 4, 2003

1501.0500 MR 2001 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] Published Electronically: April 4, 2003

1501.0600 MR 2001 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] Published Electronically: April 4, 2003

1501.0700 MR 2001 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] Published Electronically: April 4, 2003

1501.0800 MR 2001 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] Published Electronically: April 4, 2003

1501.0900 MR 2001 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] Published Electronically: April 4, 2003

1501.1000 MR 2001 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] Published Electronically: April 4, 2003

1501.1100 MR 2001 [Obsolete, MS s 14.47, subd. 6, paragraph (b)] Published Electronically: April 4, 2003

1502.0001 SCOPE. Parts 1502.0001 to 1502.0026 are adopted by the Department of Agriculture under Minnesota Statutes, section 583.285, and govern the procedures to be followed in farmer-lender mediation held under the Farmer-Lender Mediation Act. Mediation begun or concluded befor…

1502.0002 DEFINITIONS. Subpart 1. Scope. The definitions in this part and Minnesota Statutes, section 583.22, apply to parts 1502.0001 to 1502.0026. Subp. 2. [Repealed, 28 SR 1360] Subp. 3. Farmer-Lender Mediation Act. "Farmer-Lender Mediation Act" means Minnesota Statutes, secti…

1502.0003 ADMINISTRATION. The director of Minnesota extension services shall administer the Farmer-Lender Mediation Act subject to the delegation power prescribed in Minnesota Statutes, sections 583.22, subdivision 5, and 583.23, subdivision 3. Under the delegation power in Minne…

1502.0004 RESPONSIBILITIES. The director's responsibilities under the Farmer-Lender Mediation Act include, but are not limited to, the following: A. The director shall provide training in mediation techniques to mediators. The training must include training on mediation process, …

1502.0005 FORMS. The director shall make forms for mediation under the Farmer-Lender Mediation Act available through the statewide program office for use by debtors, creditors, and mediators. Statutory Authority: MS s 583.285 History: 14 SR 1418; 28 SR 1360 Published Electronical…

1502.0006 SUBSTANTIVE RIGHTS. The fact that the director or director's designee has in any way acted upon a request for mediation does not determine the substantive rights of the debtor or creditors under the Farmer-Lender Mediation Act or parts 1502.0001 to 1502.0026. Statutory …

1502.0007 FILING AND WITHDRAWAL OF MEDIATION REQUEST. A debtor must file a mediation request form with the statewide program office within 14 days after receiving a mediation notice. A debtor may withdraw a mediation request at any time before 14 days after receiving a mediation …

1502.0008 FAILURE TO REQUEST MEDIATION. The creditor must serve the mediation notice on the statewide program office within three days of service of the notice on the debtor. If a debtor fails to file a timely mediation request or withdraws a mediation request, the statewide prog…

1502.0009 CANCELLATION OF MEDIATION PROCEEDING. Subpart 1. Cure of default. If the debtor cures the default of the debt specified in the mediation notice before the first mediation meeting, the statewide program office shall cancel the mediation proceeding upon receipt of a writt…

1502.0010 PROOF OF FILING MEDIATION REQUEST. When a debtor files a mediation request with the statewide program office, the mediation request must be filed by certified mail using return receipt, by actual delivery of the mediation request with a signed receipt of the statewide p…

1502.0011 CREDITOR CLAIM FORMS FOR DEBTS NOT SUBJECT TO MEDIATION. Subpart 1. Supporting documents. A creditor owed a debt not subject to the Farmer-Lender Mediation Act under Minnesota Statutes, section 583.26, subdivision 4, paragraph (f), must return a claim form specifying wh…

1502.0012 FINANCIAL ANALYST AND FARM ADVOCATE. Within three business days of receiving a mediation request, the statewide program office shall provide a financial analyst to meet with the debtor at the orientation session and as necessary to prepare the debtor's records before th…

1502.0013 COMPUTATION OF TIME PERIODS. In computing any period by parts 1502.0001 to 1502.0026, by court order, or under the Farmer-Lender Mediation Act, the day of the last act, event, or default from which the designated period begins to run must not be included. The last day o…

1502.0014 ORIENTATION SESSION. At the orientation session, the mediator must inform the debtor and creditors of their right to seek counsel regarding the legal and tax consequences of documents and agreements. At the debtor's request, the financial analyst shall meet in private w…

1502.0015 SELECTION OF MEDIATOR. Subpart 1. Procedure. The initiating creditor and the debtor may strike one name from the mediator list by sending the statewide program office a notice to that effect. The notice must be mailed within three days of the date the debtor or creditor…

1502.0016 DUTIES OF MEDIATOR. At the initial mediation meeting and subsequent meetings, the mediator shall: A. perform the duties prescribed in Minnesota Statutes, section 583.26, subdivision 6, paragraph (b); B. review the debtor's and creditors' rights and obligations in the me…

1502.0017 MEDIATION PROCESS. Subpart 1. Combined proceeding for more than one debtor. The statewide program office shall combine all mediation notices for more than one debtor into one mediation proceeding if the debtors are liable for the same debt or a portion of the same debt …

1502.0018 REMOVAL OF MEDIATOR. Subpart 1. Procedure. The mediator may be removed at any time during the mediation period upon written request of the debtor or initiating creditor. This request must be sent to the statewide program office who, upon receipt of the agreement, shall …

1502.0019 MEDIATION AGREEMENT. Subpart 1. Final meeting. The mediator may hold a final meeting for the purpose of signing the mediation agreement if the mediator determines that a final meeting is necessary to conclude the mediation within the mediation period. Subp. 2. Copies to…

1502.0020 REJECTION OF DEBT RESTRUCTURING ALTERNATIVES. A written statement of why alternatives are unacceptable under Minnesota Statutes, section 583.27, subdivision 1, clause (4), must identify the particular items in each proposal that are unacceptable and state the specific r…

1502.0021 ABUSIVE BEHAVIOR. Lack of good faith may include abusive behavior on the part of the debtor or a creditor or a person assisting the debtor or a creditor. Statutory Authority: MS s 583.285 History: 14 SR 1418 Published Electronically: May 10, 2004

1502.0022 LACK OF GOOD FAITH AFFIDAVIT. If the mediator determines that a debtor or a creditor is not participating in good faith, the mediator shall file an affidavit indicating the reasons for the finding with the statewide program office, the debtor, and the creditors. Statuto…

1502.0023 CREDITOR'S LACK OF GOOD FAITH. If the mediator finds the creditor has not participated in mediation in good faith, the debtor may require court-supervised mediation by: A. filing the mediator's affidavit with the district court of the county of the debtor's residence wi…

1502.0024 DOCUMENTS NECESSARY FOR MEDIATION. Not participating in good faith may include failure of the debtor or creditor to provide the following records and documents if the mediator determines that they are necessary: A. a current, signed financial statement of assets and lia…

1502.0025 COURT-SUPERVISED MEDIATION. Subpart 1. List of mediators. If requested to do so by the court, the statewide program office shall provide the court with a list of mediators to be used in the selection of the mediator for court-supervised mediation. Subp. 2. Suspension of…

1502.0026 CREDITOR NOT ATTENDING MEDIATION MEETING. Subpart 1. Initiating creditor. The initiating creditor shall not file a proof of claim form in lieu of attending meetings. Subp. 2. Good faith. Creditors who file claim forms are bound by the good faith requirements of the Farm…

1502.0027 ADVOCATE SERVICES FEES. As allowed in Minnesota Statutes, section 17.03, subdivision 9, the Department of Agriculture shall charge $15 per hour following a free two-hour consultation for farm advocate services. The department shall waive the fees upon proof that the far…

1505.0751 DEFINITIONS. Subpart 1. Scope. The definitions in this part apply to parts 1505.0752 to 1505.0758. Subp. 2. Commissioner. "Commissioner" means the commissioner of agriculture or an authorized agent and may include a county agricultural inspector. Subp. 3. Control progra…