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PA Bulletin, Doc. No. 07-1120

NOTICES

MILK MARKETING BOARD

Hearing and Presubmission Schedule for All Milk Marketing Areas; Licensee-to-Licensee Discounts on School Milk Sales

[37 Pa.B. 2915]
[Saturday, June 23, 2007]

   Under the Milk Marketing Law (31 P. S. §§ 700j-101--700j-1302), that the Milk Marketing Board (Board) will conduct a public hearing for Milk Marketing Areas 1--6 on August 1, 2007, 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 whether the Board should establish licensee-to-licensee discounts on school milk sales in all Milk Marketing Areas in accordance with the terms in Milk Marketing Area 5, which provide:

For sales to subdealers servicing schools, the selling dealer may apply the discount if delivery is made only on a one delivery per day basis at each school district, intermediate unit, college or university being serviced. All redistribution of delivered milk must be carried out by the subdealer. Official General Order A-887, Provision 13(a)(1).

   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 July 3, 2007, 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 July 3, 2007, notification of their desire to be included as a party. Parties may indicate in their notices of appearance if alternate means of service, that is, e-mail or fax, are acceptable.

   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 July 6, 2007, each party 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 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. 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 July 20, 2007, each 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 July 27, 2007, each party 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 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 July 13, 2007.

   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. 07-1120. Filed for public inspection June 22, 2007, 9:00 a.m.]


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