§ 258-m. Orders fixing prices for milk and marketing agreements. 1.\nUpon the petition of a producers' bargaining agency of the production\narea supplying a marketing area, such agency representing at least\nthirty-five per centum of the producers of milk therein, alleging the\nexistence of conditions so affecting the orderly marketing of milk in\nsuch area that public interest requires regulation of prices of milk in\nsuch area and equalization of the burden of surplus milk and expense of\nhandling it, and sharing the benefits of the fluid market in order that\nthe public policy declared in section two hundred fifty-eight-k of this\nchapter shall be effective, and upon the written request of the\npetitioner, the commissioner shall set, without a hearing, an interim\nprice for class I fluid milk, and may set an interim price for class II\nand/or III milk. In determining such interim price, the commissioner\nshall take into consideration, among other factors: (a) the prices being\npaid to producers; (b) the costs of production to producers; (c) any\nchanges in the ratio of index of prices received for milk to index of\nprices paid by dairy farmers; (d) the level of prices paid to producers\nin adjoining markets; and (e) the interests of the general public. Such\ninterim price shall be set within five days of such written request and\nto the extent practicable apply to any milk purchased on or after the\nfirst day of the month following such determination. Such interim price\nshall be in effect until the final determination regarding the petition\nis made pursuant to the provisions of this article and is enforceable\nand effectuated, provided however, such interim price shall be in effect\nfor no longer than one hundred eighty consecutive calendar days. During\nsuch time when the interim price is in effect, the commissioner shall\nprovide for and enforce a mechanism for compensatory payments and have\nthe authority to establish and administer an equalization pool\nthroughout the entire state or any part thereof. Such interim price\nshall be reviewable by a person aggrieved in a proceeding pursuant to\narticle seventy-eight of the civil practice law and rules. The\neffectiveness or enforcement of such interim price regulation shall not\nbe restrained, stayed, or enjoined pendente lite. In addition, it shall\nbe the duty of the commissioner to call a public hearing for the\nconsideration of said petition and to give notice thereof by advertising\nsuch call in such newspaper or newspapers of general circulation in such\nmarketing area as the commissioner deems advisable. Such notice shall\nspecify a time and a place within the marketing area at which the\nhearing will be held and at which the applicants and other persons,\nincluding producers, distributors and consumers and associations\nthereof, may be heard. In not more than fifteen days upon receiving the\npetition the commissioner shall set the hearing date in accordance with\nthe above provisions. Such hearing shall commence in not less than\nfifteen days but not more than twenty days of the notice specifying the\ndate and time of the hearing. Such hearing shall conclude within fifteen\ndays of commencement, provided however, if the commissioner determines\nin writing that the hearing has been conducted with due diligence but an\nextension is necessary to accord due process, he or she may extend the\nhearing for a period not to exceed ten days. If after such hearing the\ncommissioner shall find, upon the record of the proceeding that\nconditions referred to in section two hundred fifty-eight-k of this\nchapter exist so affecting the orderly marketing of milk in such area,\nthat public interest requires that the public policy declared in section\ntwo hundred fifty-eight-k of this chapter shall be effective and that it\nis necessary that prices for milk to producers and associations of\nproducers be fixed by the commissioner, as expressed by section two\nhundred fifty-eight-k o
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