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PA Bulletin, Doc. No. 05-2069

NOTICES

MILK MARKETING BOARD

Re-Opened Hearing and Presubmission Schedule; Milk Marketing Area No. 4

[35 Pa.B. 6202]

   Under the Milk Marketing Law, (31 P. S. § 700j-101--700j-1302), the Milk Marketing Board (Board) will re-open the public hearing for Milk Marketing Area No. 4 on December 7, 2005, at 9:25 a.m. in Room 202, Agriculture Building, 2301 North Cameron Street, Harrisburg, Pennsylvania.

   The purpose of re-opening the hearing is to receive testimony and exhibits concerning container costs in Milk Marketing Area No. 4. Evidence will be limited to year 2004 units at April 2005 container costs for the cross-section dealers utilized during the October 5, 2005, cost replacement hearing for Milk Marketing Area No. 4.

   Parties who have already filed notices of appearance with the Board remain parties to the re-opening of the hearing. Other persons that may be affected by the Board order fixing prices in Area No. 4 may be included on the Board's list of parties by:

   1.  Having their counsel file with the Board, by 4 p.m. on November 14, 2005, 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 November 14, 2005, 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 November 23, 2005, 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 December 2, 2005, 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 November 18, 2005.

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

KEITH BIERLY,   
Secretary

[Pa.B. Doc. No. 05-2069. Filed for public inspection November 4, 2005, 9:00 a.m.]


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