MILK MARKETING BOARD
Hearing and Presubmission Schedule for all Milk Marketing Areas; Container Costs
[32 Pa.B. 5819]
Under the provisions of the Milk Marketing Law (31 P. S. §§ 700j-101--700j-1302), the Milk Marketing Board (Board) will conduct a public hearing for Milk Marketing Areas 1--6 on January 8, 2003, at 9 a.m. in Room 202, Agriculture Building, 2301 North Cameron Street, Harrisburg, PA.
The purpose of the hearing is to receive testimony and exhibits concerning the cost of containers in each of the Milk Marketing Areas 1--6. Evidence in each of the areas shall be based on the audited costs of the cross-section of dealers used in the most recent cost replacement hearing for that area, and further shall be based on September 2002 invoices.
The staff of the Board is deemed to be a party to this hearing, and the attorney representing staff is deemed to have entered his appearance. Other persons that may be affected by the Board orders fixing prices in Areas 1--6 may be included on the Board's list of parties by:
1. Having their counsel file with the Board, by 4 p.m. on December 9, 2002, a notice of appearance substantially in the form prescribed by 1 Pa. Code § 31.25 (relating to form of notice of appearance), which shall identify by name and address the party on whose behalf the appearance is made. Thereafter documents and other written communications required to be served upon or furnished to that party shall be sent to the attorney of record.
2. If unrepresented by counsel and wishing to appear on their own behalf under 1 Pa. Code § 31.21 (relating to appearance in person), filing with the Board, by 4 p.m. on December 9, 2002, an address to which documents and other written communications required to be served upon them or furnished to them may be sent.
The parties shall observe the following requirements for advance filing of witness information and exhibits. The Board may exclude witnesses or exhibits of a party that fails to comply with these requirements. In addition, the parties shall have available in the hearing room at least 20 copies of each document for the use of nonparties attending the hearing.
1. By 4 p.m. on December 30, 2002, each party shall file with the Board seven copies and serve on all other parties one copy of:
a. A list of witnesses who will testify for the party, along with a statement of the subjects concerning which each witness will testify. A witness offered as an expert shall be so identified, along with the witness's area or areas of proposed expertise.
b. Each exhibit to be presented, including testimony to be offered in written form.
2. By 4 p.m. on January 3, 2003, each party shall file and serve as set forth in paragraph 1 information concerning rebuttal witnesses and copies of rebuttal exhibits.
Parties that wish to offer in evidence documents on file with the Board, public documents or records in other proceedings before the Board, or who wish the Board to take official notice of facts, shall comply with, respectively, 1 Pa. Code § 35.164, § 35.165, § 35.167 or § 35.173. Whenever these rules require production of a document as an exhibit, copies shall be provided to each Board member and to all other parties; in addition, at least 20 copies shall be available for distribution to nonparties attending the hearing.
Requests by parties for Board staff to provide data pertinent to the hearing shall be made in writing and received in the Board office by 4 p.m. on December 13, 2002.
The filing address for the Board is Milk Marketing Board, Room 110, Agriculture Building, 2301 North Cameron Street, Harrisburg, PA 17110. Individuals who require this information in an alternate format should call (717) 787-4194 or (800) 654-5984 (Relay Service for TDD users).
LYNDA J. BOWMAN,
[Pa.B. Doc. No. 02-2115. Filed for public inspection November 22, 2002, 9:00 a.m.]
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