3. A public hearing on the proposed marketing order 

 is required by the Act, and is held in the area covered 

 by the proposed program. Notice of the hearing must 

 be given at least 15 days before the day of the hearing. 

 Copies of the notice, along with the terms and pro- 

 visions of the proposal, are mailed to all known 

 growers and handlers. 



The hearing is presided over by a Hearing Examiner. 

 All evidence and testimony are taken under oath 

 and cross-examination is permitted. Both proponents 

 and opponents are free to present evidence in 

 support of their positions. 



The hearing is an important step in the development 

 of a marketing order program and should be given a 

 great deal of attention. Any order issued must be 

 supported by substantial and reliable evidence con- 

 tained in the hearing record. This record should 

 contain an explanation of how the proposed marketing 

 order will fit the particular conditions in the industry 

 and how it will help to solve the industry's market- 

 ing problems. Consequently, complete and detailed 

 preparation for the hearing is necessary. At the close 

 of the hearing, a period of time is fixed during which 

 written briefs or arguments may be filed. 



4. A recommended decision is prepared and filed by the 

 Department after the expiration of the period for filing 

 briefs. This recommended decision outlines the is- 

 sues developed at the hearing, and the way in which 

 they were resolved. It also contains the terms of the 

 recommended marketing agreement and order, as 

 revised on the basis of the hearing evidence. After 

 the recommended decision is announced, interested 

 parties are given time to file exceptions to it. 



5. After the exceptions to the recommended decisions 

 are analyzed, the decision of the Secretary of Agri- 

 culture is prepared and announced. This decision, 

 with rulings on any exceptions, contains the findings 

 and conclusions on the final terms and provisions of 

 the marketing agreement and order. 



