3.2-4722 - Complaint to Commissioner by consignor; Commissioner's action.

§ 3.2-4722. Complaint to Commissioner by consignor; Commissioner's action.

A. When a consignor of farm products to a commission merchant files acomplaint with the commission merchant within 90 days after date of sale, andhas failed to obtain a satisfactory settlement of the complaint within 10days after the filing of the complaint, a complaint setting forth the factsmay be filed with the Commissioner, who shall undertake a settlement of thematter.

B. If the Commissioner is unable to settle the matter to the satisfaction ofthe parties involved, within a reasonable time, he shall, after giving theparties at least five days' notice as to time and place, proceed to hearevidence concerning the matter. The hearing shall occur in the city or townwhere the business of the commission merchant is located or where thetransaction complained of occurred, or at the option of the parties, in suchother place as they may mutually agree. The Commissioner shall either dismissthe complaint or enter an order against the commission merchant to afford theconsignor relief. Any such order shall be complied with within the timespecified by the Commissioner but shall not be less than five days.

(Code 1950, §§ 3-545, 3-546; 1966, c. 702, §§ 3.1-703, 3.1-704; 1976, c. 164;2008, c. 860.)