| 1. Commission empowered to establish prices; public hearing. |
| The commission is vested with the power to establish and change, |
| after investigation and public hearing, the minimum wholesale and |
| retail prices to be paid to producers, dealers and stores for |
| milk received, purchased, stored, manufactured, processed, |
| distributed or otherwise handled within the State. The |
| commission shall hold a public hearing prior to the establishing |
| or changing of such minimum prices. The commission may proceed, |
| however, under the emergency rule-making provisions of Title 5, |
| section 8054 without making findings of emergency when the only |
| changes to be made in the minimum prices are to conform with the |
| orders of any federal or other agency duly authorized by law to |
| establish or negotiate producer prices, are to respond to other |
| conditions affecting prevailing Class I, Class II and Class III |
| prices in southern New England or are to reflect the milk |
| handling fee levied and imposed by Title 36, chapter 721. Title |
| 5, section 8054, subsection 3, the 2nd sentence, does not apply |
to minimum prices adopted under the |
| of the public hearing must be given by publishing notice as |
| provided in Title 5, chapter 375. The commission shall hold such |
| a public hearing not less frequently than once every 12 months to |
| determine whether the minimum wholesale and retail prices then |
| established should be changed. In addition to the data received |
| through the implementation of the information gathering |
| procedures of its rules as a basis for its determinations, the |
| commission shall solicit and seek to receive oral and written |
| testimony at hearings to determine whether the minimum wholesale |
| and retail prices then established should be changed and whether |
| the proposed minimum wholesale and retail prices are just and |
| reasonable. |
