Page:United States Statutes at Large Volume 122.djvu/1745

 12 2 STA T . 1 7 22 PUBLIC LA W 11 0– 2 46—J U NE 1 8, 2008 theda te of e n a c t m ent of th is s ubp a r a g raph , as deter - mined b y the S ecretary .‘ ‘ (C)HEARINGT I M E F RAME S . — ‘‘(i) I N GENERA L .— N ot more than 30 days after the receipt of a proposa l for an amendment hearing regarding a mil k marketing order, the Secretary shall— ‘‘(I) issue a notice pro v iding an action plan and e x pected timeframes for completion of the hearing not more than 12 0 days after the date of the issuance of the notice ‘‘(II)(aa) issue a re q uest for additional informa- tion to be used by the Secretary in making a determination regarding the proposal; and ‘‘(bb) if the additional information is not pro- vided to the Secretary w ithin the timeframe requested by the Secretary, issue a denial of the request; or ‘‘(III) issue a denial of the request. ‘‘(ii) R E QU IREMENT.— A post-hearing brief may be filed under this paragraph not later than 6 0 days after the date of an amendment hearing regarding a milk marketing order. ‘‘(iii) RE CO MMEN D ED DECISIONS.—A recommended decision on a proposed amendment to an order shall be issued not later than 9 0 days after the deadline for the submission of post-hearing briefs. ‘‘(iv) F INAL DECISIONS.—A final decision on a pro- posed amendment to an order shall be issued not later than 60 days after the deadline for submission of com- ments and exceptions to the recommended decision issued under clause (iii). ‘‘( D ) INDUSTR Y ASSESSMENTS.—If the Secretary deter- mines it is necessary to improve or expedite rulemaking under this subsection, the Secretary may impose an assess- ment on the affected industry to supplement appropriated funds for the procurement of service providers, such as court reporters. ‘‘( E ) U SE OF INFORMAL RULEMA K ING.— T he Secretary may use rulemaking under section 5 53 of title 5, United States Code, to amend orders, other than provisions of orders that directly affect milk prices. ‘‘(F) A V OIDING DU P LICATION.—The Secretary shall not be required to hold a hearing on any amendment proposed to be made to a milk marketing order in response to an application for a hearing on the proposed amendment if— ‘‘(i) the application requesting the hearing is received by the Secretary not later than 90 days after the date on which the Secretary has announced the decision on a previously proposed amendment to that order; and ‘‘(ii) the 2 proposed amendments are essentially the same, as determined by the Secretary. ‘‘( G ) M ONT H LY FEED AND FUEL COSTS FOR MAKE ALLO W - ANCES.—As part of any hearing to ad j ust make allowances under marketing orders commencing prior to September 30, 2012, the Secretary shall— Deadlin e .Not i c e. Deadline s .

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