| 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 or |
| 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 previous sentence |
| subsection. Due notice 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. |
