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PA Bulletin, Doc. No. 08-339

NOTICES

MILK MARKETING BOARD

Hearing and Presubmission Schedule for All Milk Marketing Areas; 2007 Shrink and Sales of Bulk Products

[38 Pa.B. 1026]
[Saturday, February 23, 2008]

   Under 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 April 2, 2008, at 10 a.m. in Room 202 of the Agriculture Building, 2301 North Cameron Street, Harrisburg, PA.

   The purpose of the hearing is to receive testimony and exhibits concerning adjustments to minimum wholesale and retail prices on an area-by-area basis to account for costs and revenues for shrinkage and sales of bulk products during 2007. This hearing will be held in conjunction with the previously scheduled hearing regarding uncharacteristic changes in bulk cream disposal during 2007.

   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 who wish to present evidence may be included on the Board's list of parties by: (1) having their attorney file with the Board on or before 4 p.m. on March 10, 2008, a notice of appearance substantially in the form prescribed by 1 Pa. Code § 31.25 (relating to form of notice of appearance); or (2) if unrepresented by counsel, filing with the Board on or before 4 p.m. on March 10, 2008, notification of their desire to be included as a party. Parties need only file one notice of appearance for the hearing, either under this hearing notice or under the prior hearing notice regarding uncharacteristic changes in bulk cream disposal. Parties may indicate in their notices of appearance if alternate means of service, that is, email or fax, are acceptable. Notices of appearance filed electronically should be directed to deberly@state.pa.us.

   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 additional copies made available for the use of nonparties attending the hearing.

   1.  By 4 p.m. on March 18, 2008, the petitioner shall file with the Board, in person or by mail, one original and eight copies and ensure receipt by all other parties of one copy of:

   a.  A list of witnesses who will testify for the petitioner, 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. For expert witnesses there shall also be filed a statement of the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

   b.  Each exhibit to be presented, including testimony to be offered in written form.

   2.  By 4 p.m. on March 25, 2008, each responding party shall file and serve as set forth in paragraph 1 information concerning rebuttal witnesses and copies of rebuttal exhibits.

   3.  By 4 p.m. on March 31, 2008, parties shall file and serve as set forth in paragraph 1 information concerning surrebuttal witnesses and copies of surrebuttal exhibits.

   The Board may exclude witnesses or exhibits of a party that fails to comply with the previous requirements. In addition, the parties shall have available in the hearing room at least 20 additional copies made available for the use of nonparties attending the hearing.

   Parties that wish to offer in evidence documents on file with the Board, public documents or records in other proceedings before the Board, or 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 March 21, 2008.

   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. 08-339. Filed for public inspection February 22, 2008, 9:00 a.m.]


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