523 Notice of hearing; presubmission schedule; and prehearing conference for all milk marketing areas over-order premium

MILK MARKETING BOARD

Notice of Hearing; Presubmission Schedule; and Prehearing Conference for all Milk Marketing Areas Over-Order Premium

[29 Pa.B. 1685]

   Notice is hereby given under the Milk Marketing Law (31 P. S. §§ 700j-101 -- 700k-10.1, that the Commonwealth, Milk Marketing Board (Board) will conduct a public hearing for Milk Marketing Areas 1--6 on April 6, 1999, at 1 p.m. in Meeting Room B on the second floor of the Farm Show Complex, Cameron and Maclay Streets, Harrisburg, PA. If necessary, the hearing will continue on April 7, 1999, at 10 a.m. in Room 202 of the Agriculture Building, 2301 North Cameron Street, Harrisburg, PA.

Purpose of the Hearing

   The purpose of the hearing is to receive evidence concerning whether an adjustment should be made to the level of the over-order premium, which is currently 50¢ per hundredweight.

Parties

   The staff of the Board is deemed to be a party to this hearing. Other persons that may be affected by the Board order pertaining to an over-order premium and who wish to present evidence at the hearing shall file with the Board by March 31, 1999, a request to be included on the Board's list of parties.

Witnesses, exhibits, presentation of evidence

   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 April 1, 1999, each party shall file with the Board 7 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.

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

   2.  By noon on April 5, 1999, each party shall file and ensure receipt 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 for Data from Board Staff

   Requests 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 29, 1999.

Prehearing conference

   A prehearing conference for all parties will be held at 2:30 p.m. on April 5, 1999, in Room 110 of the Agriculture Building, 2301 North Cameron Street, Harrisburg. Parties shall come prepared to address requests for the production of documents relied on in formulating their testimony and exhibits.

Board's filing address

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

   Individuals who require information in an alternate format, call [phone] or [phone] (PA Relay Service for TDD Users).

LYNDA J. BOWMAN,   
Secretary

[Pa.B. Doc. No. 99-523. Filed for public inspection March 26, 1999, 9:00 a.m.]