§1358.__Rate determination proceedings

1.__Public notice.__Upon receipt of a properly filed petition, the panel shall publish notice in newspapers of general circulation in the areas of the State affected by the petition filing.__The panel shall also provide notice to any person who has requested to be notified of filings.__Notice must be provided at least 30 days before any hearing to be held, and at least 30 days before the close of a comment period on the filing, unless the panel determines that a shorter notice period is required by extraordinary circumstances.

2.__Written comment; hearing.__The panel shall solicit written comment from persons interested in the rates of compensation for harvesting and hauling services.__The panel may also hold a public hearing to collect information and shall hold a public hearing if requested by any party to the proceeding.

3.__Panel decision.__After the close of the comment period and completion of any public hearing on the petition, the panel shall issue a decision determining reasonable rates to be paid by a forest landowner for services that are the subject of the petition and reasonable geographic applicability for the rates, as the panel determines appropriate. The panel's decision is a final agency action for purposes of Title 5, chapter 375, subchapter 7 and may be appealed pursuant to that subchapter.__ Rates determined by the panel are not stayed pending the appeal.

4.__Standard for determining reasonable rate.__In determining a reasonable rate to be paid by a forest landowner for harvesting or hauling services, the panel shall consider, to the extent relevant, the following factors:

A.__Prices or projected prices for the harvesting services or hauling services currently paid by forest landowners in the State and in other states;

B.__The quantity of forest products available in the market area or competing areas;

C.__The relationship between the quantity produced and the quantity handled by the forest landowner;

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