California Code of Regulations › Title 3 - Food and Agriculture › Division 3 - Economics › Chapter 3 - Milk Stabilization and Marketing of Milk and Dairy Products › Subchapter 3 - Petitions and Hearings › Article 1 - Procedures for Filing of Petitions and Conduct of Hearings › Section 2080.4 - Conduct of Hearings for Adoption, Amendment or Termination of Stabilization and Marketing Plans or Milk Pooling Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Hearing Officer and Panel. The secretary or secretary's designee may conduct
					 the hearing, or may select a panel to receive evidence and question witnesses.
					 A hearing officer will preside at the hearing. No member of the panel will be a
					 witness.
(b) Department Exhibits.
					 Department exhibits and Departmental proposals, if any, will be presented by a
					 person who is not a member of the panel. Exhibits which the Department
					 anticipates introducing at the hearing will be available for public inspection
					 at the Department's Sacramento office not less than seven calendar days prior
					 to the hearing. All exhibits will also be available for review during the
					 hearing.
(c) Hearing Roster. Any
					 person desiring to testify shall sign, at the hearing, a roster prepared for
					 such purpose. At the hearing, the hearing officer will announce the manner in
					 which the roster will be used to determine the order of witnesses.
(d) Testimony by Petitioners. If the hearing
					 results from a petition, the petitioners will normally testify immediately
					 after Department officials have introduced explanatory and statistical
					 material, if any. Petitioners will then explain the proposal and submit
					 supporting documents. In such cases, the petitioners, as a group, normally will
					 be allowed up to one hour for testimony. If the hearing results from more than
					 one petition, the multiple groups of petitioners normally will collectively be
					 allowed up to 90 minutes for testimony. The group can (1) divide up the 90
					 minutes as they wish, (2) have the 90 minutes allocated to each group on a
					 prorata basis, or (3) each have 20 minutes for testimony. In any case, if there
					 does not appear to be large number of witnesses, the hearing officer may grant
					 each group of petitioners up to an additional 20 minutes of time.
(e) Testimony by Persons Submitting
					 Alternative Proposals. Any person who has submitted an alternative proposal in
					 response to a petition for a public hearing shall be allowed up to 30 minutes
					 for testimony. However, if there does not appear to be a large number of
					 witnesses, the hearing officer may grant up to an additional 20 minutes of time
					 for such testimony.
(f) Other
					 Testimony. Oral testimony shall not exceed the time limit specified by the
					 hearing officer. However, a witness may supplement oral testimony by submitting
					 a written statement at the time the testimony is given. Normally, each witness,
					 or group of witnesses appearing together, will be allowed 20 minutes for direct
					 testimony. However, if there does not appear to be a large number of witnesses,
					 the hearing officer may grant each witness up to an additional 20 minutes of
					 time. After all persons wishing to testify have had an opportunity to do so,
					 not more than an additional 20 minutes of time will be provided to each witness
					 or petitioner who desires to present further testimony.
(g) Questioning of Witnesses. At the
					 conclusion of their testimony, witnesses will be subject to questioning by
					 members of the hearing panel. With respect to Department witnesses, the hearing
					 officer shall permit additional questioning by members of the audience. Any
					 member of the audience may submit questions to the hearing officer for possible
					 use by the hearing panel. Questions of witnesses shall be related to their
					 testimony and pertinent to the call of the hearing.
(h) Written Statements. Any interested person
					 may file a written statement concerning the matter at the hearing. Written
					 statements may be of any length, but limited to relevant matters. They must be
					 signed. Preferably, written statements should be typewritten or printed.
					 Written statements may be delivered personally or by mail any time after the
					 notice of hearing, and shall be received by the Department prior to the close
					 of the hearing. Such statements should be addressed to the hearing officer at
					 the designated Departmental office. Written statements will be available for
					 review during the hearing.
(i)
					 Posthearing Briefs. With respect to posthearing briefs, the provision of
					 Section 61903 of the Code shall be
					 applicable.
(j) Hearing
					 Transcripts. The hearing shall be recorded by a reporter or recorder. Copies of
					 the transcript may be obtained directly from the hearing reporter, or from the
					 Department at the current rate for copies of public records. The Department
					 will maintain and make available for public inspection a hearing transcript at
					 its Sacramento office and, upon reasonable request, at the regional office of
					 the Department nearest the location at which the public hearing was
					 held.
1. New
						section filed 7-2-96; operative 8-1-96 (Register 96, No. 27).
Note: Authority cited: Sections
						  407
						  and
						  61891,
						  Food and Agricultural Code. Reference: Sections
						  61903,
						  61991-
						  61998,
						  62031,
						  62032,
						  62705
						  and
						  62717,
						  Food and Agricultural Code.