F.__The impact of the rate determination 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 extent to which hauling is conducted on private or public roads;

J.__Safety considerations;

K.__Prior agreements of the parties; and

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

5.__Interested panel members may not participate.__A member or alternate member of the panel who has a financial interest in a rate determination proceeding brought before the panel, or in any party to the rate determination proceeding, may not participate in the proceeding affecting that financial interest.

6.__Limitation on petitions.__Unless the panel's rate determination__decision specifies an earlier time, a person may not file a petition to change the rate set by that decision until one year after the rate determination decision was issued.

§1359.__Violation

1.__Violation.__A forest landowner violates this chapter if that forest landowner:

A.__Pays a rate for harvesting or hauling services in the State other than the applicable panel-determined rate, if any, for that service in that geographic area; or

B.__Discriminates against any person for initiating or participating in a rate determination proceeding under this chapter.

2.__Maine Unfair Trade Practices Act.__Violation of this chapter constitutes a violation of the Maine Unfair Trade Practices Act.