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PA Bulletin, Doc. No. 14-903

NOTICES

MILK MARKETING BOARD

Hearing and Presubmission Schedule; All Milk Marketing Areas; Small Delivery Cost

[44 Pa.B. 2603]
[Saturday, April 26, 2014]

 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 June 11, 2014, at 9:30 a.m. in Room 309, Agriculture Building, 2301 North Cameron Street, Harrisburg, PA.

 The purpose of the hearing is to receive testimony and exhibits concerning the small delivery cost and incorporation of the small delivery cost into the minimum wholesale price build up.

 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 3 p.m. on May 2, 2014, 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 3 p.m. on May 2, 2014, notification of their desire to be included as a party. Parties shall indicate in their notices of appearance if alternate means of service, that is, e-mail 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. Parties and witnesses attending the hearing shall provide their own copies of presubmitted testimony and exhibits.

 1. By 3 p.m. on May 9, 2014, the petitioner shall file with the Board, in person or by mail, one original and five 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 written report or written testimony explaining 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 3 p.m. on May 23, 2014, each responding party shall file and serve as set forth in paragraph 1 information concerning rebuttal witnesses and copies of rebuttal exhibits.

 3. By 3 p.m. on May 30, 2014, parties shall file and serve as set forth in paragraph 1 information concerning surrebuttal witnesses and copies of surrebuttal 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 12 p.m. on May 27, 2014.

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

TIM MOYER, 
Secretary

[Pa.B. Doc. No. 14-903. Filed for public inspection April 25, 2014, 9:00 a.m.]


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