D.__The harvester's or hauler's costs, including, but not limited to, wages, overhead, fuel, insurance and the cost of replacing equipment;

E.__Environmental and highway laws or rules;

F.__The impact of the award on the competitive position of the landowner in the market area or competing market areas;

G.__A fair return on investment;

H.__The species of tree, type of machinery and method of tree harvesting involved;

I.__The amount of hauling conducted on private roads and the amount of hauling conducted on public roads;

J.__Safety considerations;

K.__Prior agreements of the parties; and

L.__Other factors that are normally or traditionally taken into consideration when determining prices for the services involved.

5.__Violation.__Failure by a party to comply with any of the requirements of this section is a violation of this chapter.

§1358.__Failure to bargain in good faith

1.__Complaint;__hearing.__Whenever it is charged that a qualified bargaining association or forest landowner refuses to bargain in good faith as required by this chapter, the board shall provide that person with notice and opportunity to be heard, in accordance with Title 5, chapter 375, subchapter 4.__ The board shall request that the Attorney General, or any attorney in the Department of the Attorney General designated by the Attorney General, be present at such a hearing to advise the board on procedure and on the admissibility of any evidence.

2.__Failure by forest landowner.__Failure to bargain in good faith for a forest landowner includes, but is not limited to:

A.__Failure to disclose to the qualified bargaining association the existence of contracts between that landowner or a subsidiary of the landowner and forest products haulers or harvesters who reside in Canada; or