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15.09.01.00.htm 15.09.01.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 09 FARM SENSE―AGRICULTURAL MEDIATION PROGRAM Chapter 01 General Regulations Authority: Agriculture Article, §1-1A-01―1-1A-04, Annotated Code of Maryland
15.09.01.01.htm 15.09.01.01. 01 Scope.. A. This chapter describes the policies and procedures for the Department's administration of the Farm Sense Agricultural Mediation Program.B. This Program is intended to provide persons and government agencies with a voluntary and low-cost process for settling agriculturally related disputes.
15.09.01.02.htm 15.09.01.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Department" means the Maryland Department of Agriculture.. 2) "Mediation" means a voluntary process under the Farm Sense Agricultural Mediation Program in which a mediator assists in the resolution of agriculturally related disputes involving persons, government agencies, or both, in a confidential and nonadversarial setting.3) "Mediation coordinator" means the individual or
15.09.01.03.htm 15.09.01.03. 03 Who May Apply.. A. At least one of the parties participating in mediation shall be a:. 1) Maryland agricultural producer;. 2) Creditor of a Maryland agricultural producer; or. 3) Person directly affected by the actions of the Department or the USDA.. B. All requests for mediation shall be considered by the Department. Participants in mediation shall:1) Express an interest in developing a mutually agreeable and durable solution; and. 2) Have the authority to
15.09.01.04.htm 15.09.01.04. 04 Mediator Qualifications.. To act as a mediator, a mediator shall:. A. Complete a 40-hour basic mediation training course;. B. Maintain mediator liability insurance; and. C. Agree to comply with continuing training and evaluation requirements as determined by the Department.
15.09.01.05.htm 15.09.01.05. 05 Application and Eligibility.. A. A person interested in receiving mediation services shall submit a written request to the Department. This request shall contain the following:1) Name and contact information of the requesting party;. 2) Contact information for other parties involved; and. 3) A brief description of the issues to be addressed during mediation.. B. After initial consultation with all necessary parties, the mediation coordinator shall determine
15.09.01.06.htm 15.09.01.06. 06 Fees.. A. The fee for each participant in a mediation session is $50. This fee shall be paid to the mediator at the beginning of a session. Additional fees may be required for multiple sessions.B. The mediation fee may be waived for good cause shown..
15.09.01.07.htm 15.09.01.07. 07 Conclusion of Mediation Session.. A. Any agreement reached by all parties shall be voluntary. Any signed agreement is legally binding on all signatories to the extent that any signed agreement is contractually binding.B. If the parties fail to reach an agreement, the mediator shall indicate this decision on a form. The form shall be signed by all parties.
15.09.01.08.htm 15.09.01.08. 08 Confidentiality.. A. Mediation shall be confidential pursuant to the terms of the Federal Dispute Resolution Act, 5 U.S.C. §574.B. In addition to the exceptions in 5 U.S.C. §574, a mediator may disclose information conveyed during the mediation that indicates:1) Intent to commit a crime;. 2) Intent to inflict bodily harm on another; or. 3) A threat to the safety of a child.. C. Documents. Except for purposes of meeting reporting and evaluation requirements of the USDA Media
15.09.01.9999.htm 15.09.01.9999. Administrative History Effective date: June 23, 2003 (30:12 Md. R. 791).
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