Hearing and Presubmission Schedule for All Milk Marketing Areas; Petroleum-Based Product Costs; Paper Container Costs [35 Pa.B. 5894] 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 December 7, 2005, at 9 a.m. in Room 202, Agriculture Building, 2301 North Cameron Street, Harrisburg, PA.
The purpose of the hearing is to receive testimony and exhibits concerning: (1) the cost of petroleum-based products, such as milk crates, used in the processing, packaging and distribution of milk; and (2) the cost of paper milk containers. In each milk marketing area, evidence shall be based on the audited costs of the cross section of milk dealers used at the most recent cost replacement hearing for the area. Cost information shall be based on October 2005 data.
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 November 18, 2005, 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 November 18, 2005, notification of their wish 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 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 six 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 who will be 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.
Persons who require this information in an alternate format should call (717) 787-4194 or (800) 654-5984 (Pennsylvania Relay Service for TDD users).
KEITH BIERLY,
Secretary[Pa.B. Doc. No. 05-1960. Filed for public inspection October 21, 2005, 9:00 a.m.]
