Results
Displaying 2861 - 2870 of 6844
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| In re: JAMES E. STEPHENS AND WATER WHEEL EXOTICS, INC. | 58 Agric. Dec. 149 (1999) | 1999 WL 288586 (U.S.D.A.) | Ongoing pattern of violations establishes "history of previous violations" for purposes of 7 USCS § 2149(b). | Case |
| In re: JAMES J. EVERHART | 56 Agric. Dec. 1400 (1997) | 1997 WL 655550 (U.S.D.A.) | Respondent's inability to pay civil penalty is not consideration in determining civil penalties assessed under Animal Welfare Act. | Case |
| In re: JAMES JOSEPH HICKEY, JR., d/b/a S & H SUPPLY CO., AND JERRY R. BRANTON | 53 Agric. Dec. 1087 (1994) | 1994 WL 657129 (U.S.D.A.) | Respondents' failure to file timely answer, or deny allegations of complaint, constituted admission of complaint allegations and waiver of hearing, irrespective of respondents' contention that they were justified in not filing answer because ALJ did not rule on respondents' motions to sever, strike and make more definite and certain, since Department's rules of practice do not alter time for filing answer when such motions are filed. | Case |
| In re: JAMES MICHAEL LaTORRES | 57 Agric. Dec. 53 (1997) | 1997 WL 862103 (U.S.D.A.) | Respondent who, after being duly notified, fails to appear at hearing for good cause, is deemed to have admitted any facts presented at hearing and all material allegations of fact contained in Animal Welfare Act complaint. | Case |
| IN RE: JAMES W. HICKEY, D/B/A S&S FARMS, AND S.S. FARMS, INC. | 47 Agric. Dec. 840 (1988) | 1988 WL 243389 (U.S.D.A.) | Licensed dealer found guilty of numerous violations of Act involving care and housing of dogs and cats, failure to allow inspection of records, and failure to keep and maintain adequate records as to acquisition and disposition of animals, is properly penalized with 25-year suspension of license, civil penalty of $40,000, and cease and desist order. | Case |
| In re: Jennifer Caudill | 2013 WL 604009 (U.S.D.A. Feb. 1, 2013) | Although the Complaint alleged that Caudill made false or fraudulent statements and/or provided false or fraudulent records to the Animal and Plant Health Inspection Service (APHIS), the emphasis in the Complaint suggested that primary reliance was being placed upon the more general determination of unfitness. The Complaint alleged that Respondents (collectively, including Caudill) engaged in activities designed to circumvent an order of the Secretary of Agriculture in revoking the Animal Welfare Act exhibitor's license previously held by Lancelot Kollman Ramos, and have acted as surrogates for Ramos. Caudill and Kalmanson were alleged to continue to act as Ramos's surrogates, and to facilitate the circumvention of his license revocation order. An Administrative Law Judge (ALJ) found factual support for termination on the grounds of false statements and providing false documents to be lacking. The AJL also found little support for the conclusion that Caudill in any way was operating as a surrogate for Ramos. The ALJ did find that although Caudill had initiated discussions with Ramos concerning the purchase of his animals prior to the effective date of his license revocation, her subsequent consummation of the transaction after his license had been revoked constitutes a violation of 9 C.F.R. § 2.132. In the end, however, the evidence was insufficient to find that Respondent Caudill was unfit to hold an AWA license or that maintenance of a license by her would in any way be contrary to the purposes of the Act | Case | |
| IN RE: JEROME A. JOHNSON AND LAURA JOHNSON | 51 Agric. Dec. 209 (1992) | 1992 WL 130452 (U.S.D.A.) | Ability to pay civil penalty is not to be considered in determining penalty under Animal Welfare Act. | Case |
| In re: JOHN D. DAVENPORT, d/b/a KING ROYAL CIRCUS. | 57 Agric. Dec. 189 (U.S.D.A. May 18, 1998) | 1998 WL 300096 | Since 7 USCS § 2140 requires that exhibitors make their records identifying animals available for inspection at all reasonable times, it is not unreasonable to expect that records be with animals as they are transported | Case |
| In re: JUDIE HANSEN | 57 Agric. Dec. 1072 (1998) | 1998 WL 872492 (U.S.D.A.) | Recommendations of administrative officials charged with responsibility for achieving congressional purpose of statute are highly relevant to any sanction to be imposed and are entitled to great weight in view of experience gained by administrative officials during their day-to-day supervision of regulated industry; however, recommendation of administrative officials as to sanction is not controlling, and in appropriate circumstances, sanction imposed may be considerably less, or different, than that recommended by administrative officials. | Case |
| In re: JULIAN J. TONEY AND ANITA L. TONEY | 54 Agric. Dec. 923 (1995) | 923, 1995 WL 785952 (U.S.D.A.) | Civil penalty of $200,000.00 (largest civil penalty ever imposed under Act) was appropriate, where degree of willfulness and flagrancy of respondents' violations was astonishing, and even after hearing was pending on initial complaint, respondents continued to violate Act. | Case |