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PA Bulletin, Doc. No. 99-1208



Hearing and Presubmission Schedule; Milk Marketing Area No. 1

[29 Pa.B. 3984]

   Under the Milk Marketing Law (31 P. S. §§ 700j-101--700j-1301) the Milk Marketing Board will conduct a public hearing for Milk Marketing Area No. 1 on September 1, 1999, at 9 a.m. in Room 202 of the Agriculture Building, 2301 North Cameron Street, Harrisburg, PA.

Purpose and scope of the hearing

   The purpose of the hearing will be to receive testimony and exhibits concerning cost replacement in Milk Marketing Area No. 1. In accordance with Section G of Official General Order A-890A, as amended by Official General Order A-890A (CRO 3), evidence will be limited to the following: annualized processing, packaging, and delivery costs; updated costs for containers, ingredients, and Class II products; updated labor, utility, and insurance costs based on comparisons between costs per point for corresponding quarters of calendar years 1998 and 1999; and a reasonable rate of return to milk dealers. Evidence shall be based on the audited costs of a cross-section of milk dealers doing business in Area No. 1.

Entries of appearance

   The staff of the Board is deemed to be a party to this hearing, and the attorneys representing staff are deemed to have entered their appearances. Other persons that may be affected by the Board order fixing prices in Area No. 1 may be included on the Board's list of parties by:

   1.  Having their counsel file with the Board, by 4 p.m. on August 2, 1999, a notice of appearance substantially in the form prescribed by 1 Pa. Code § 31.25, 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, filing with the Board, by 4 p.m. on August 2, 1999, an address to which documents and other written communications required to be served upon them or furnished to them may be sent.

Witnesses, exhibits, presentation of evidence

   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 12 noon on August 18, 1999, each party shall file with the Board six 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 who will be 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 August 25, 1999, each party shall file and serve as set forth in paragraph 1 information concerning rebuttal witnesses and copies of rebuttal exhibits.

   Note: A document is filed with the Board when it is received in the Board office. When more than one copy of a document is required to be filed, all copies must be received by the date and time indicated.

   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 for data from Board staff

   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 August 13, 1999.

Board's filing address

   The filing address for the Board is Pennsylvania Milk Marketing Board, Room 110, Agriculture Building, 2301 North Cameron Street, Harrisburg, PA 17110.

   Persons who require this information in an alternate format should call (717) 787-4194 or (800) 654-5984 (PA Relay Service for TDD users).


[Pa.B. Doc. No. 99-1208. Filed for public inspection July 23, 1999, 9:00 a.m.]

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