677 Rescheduled hearing and rebuttal presubmission schedule for all milk marketing areas; emergency hearing to address increased cost of fuel

Rescheduled Hearing and Rebuttal Presubmission Schedule for All Milk Marketing Areas; Emergency Hearing to Address Increased Cost of Fuel

[34 Pa.B. 2144]

   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 May 5, 2004, at 10 a.m. in Room 202, Agriculture Building, 2301 North Cameron Street, Harrisburg, PA. This is a reschedule of the hearing originally scheduled for April 7, 2004.

   The purpose of the hearing is:  (1) to receive testimony and exhibits to consider an 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 an increase in the Class I over-order premium as a result of increasing fuel costs.

   The parties shall observe the following requirements for advance filing of rebuttal witness information and exhibits. The Board may exclude rebuttal 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 April 30, 2004, each party shall file with the Board seven copies and ensure receipt by all other parties of one copy of:

   a.  A list of rebuttal 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 rebuttal exhibit to be presented, including testimony to be offered in written form.

   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.

   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 [phone] or [phone] (Pennsylvania Relay Service for TDD users).

TIMOTHY A. MOYER,   
Acting Secretary

[Pa.B. Doc. No. 04-677. Filed for public inspection April 16, 2004, 9:00 a.m.]