Amendment or termination of plan: Petition; hearing.
1. An amendment or termination of a stabilization and marketing plan may be initiated by filing a petition with the Commission. The petition, filed in four copies, must include:
(a) The name and address of every person joining in the petition. If the petitioner is a cooperative association of producers, a partnership or corporation, the names of the authorized representative or representatives thereof shall be listed.
(b) A concise statement of the specific relief requested.
(c) A specific statement of the reasons why such relief is needed.
(d) A statement of the substantiating evidence.
2. The petition must be signed by the petitioners, and an affidavit must accompany each petition stating that the facts therein are true and correct to the best of the petitioners’ knowledge, information and belief.
3. There must be attached as an exhibit to the original copy only of each petition filed substantiating evidence in support of the petition. Additional information must be supplied to the Commission upon request.
4. Any person may, before the hearing, examine a copy of the petition and accompanying statements, but not the exhibits attached thereto, and file an answer, protest or any other statement concerning the petition.
5. At the hearing, the burden of proof is on the petitioners to show by clear and satisfactory evidence that the amendment or termination of a plan is necessary.
6. After the petitioners have presented their evidence, the commission staff shall, and any other person may, present evidence in support of or in protest of the proposed action.
Last modified: February 26, 2006