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PA Bulletin, Doc. No. 00-322

NOTICES

MILK MARKETING BOARD

Hearing, Presubmission Schedule and Prehearing Conference for All Milk Marketing Areas

[30 Pa.B. 971]

Emergency Hearing to Address Increased Cost of Diesel Fuel

   Under the Milk Marketing Law (31 P. S. § 700j-101 et seq.), the Milk Marketing Board (Board) will conduct a public hearing for Milk Marketing Areas 1, 2, 3, 4, 5 and 6 on March 2, 2000, at 9 a.m. in Room 309 of the Agriculture Building, 2301 North Cameron Street, Harrisburg, PA.

   The purpose of the hearing is: (1) to receive testimony and exhibits to consider a temporary increase in minimum wholesale prices as a result of the increasing cost of diesel fuel used in delivering milk products to retailers and (2) to receive testimony and exhibits to consider a temporary add-on to the minimum producer price of milk for all classes, or as an alternative, a temporary increase in the Class I over-order premium, as a result of the increasing fuel costs.

   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 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 1 p.m. on February 22, 2000, a notice of appearance substantially in the form prescribed by 1 Pa. Code § 31.25 or (2) if not represented by counsel, filing with the Board on or before 1 p.m. on February 22, 2000, notification of their desire to be included as a party.

   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.  On or before 4 p.m. on February 25, 2000, each party shall file with the Board seven copies and ensure receipt by all other parties of one copy of:

   a.  A list of witnesses who will testify for the party, along with a statement of 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.  Exhibits to be presented, including testimony to be offered in written form.

   c.  A written report of the expert witness's position that will be presented at the hearing, along with exhibits to be presented in support of that position.

   2.  On or before 4 p.m. on February 29, 2000, 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 on or before 1 p.m. on February 22, 2000.

   A prehearing conference for all parties will be held on March 2, 2000, at 8:30 a.m. in 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).

LYNDA J. BOWMAN,   
Secretary

[Pa.B. Doc. No. 00-322. Filed for public inspection February 18, 2000, 9:00 a.m.]


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