Results
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| IN RE: ALEX PASTERNAK | 52 Agric. Dec. 180 (1993) | 1993 WL 225568 (U.S.D.A.) |
The court concluded that respondent had committed more than thirty violations of the AWA for his abuse of his exhibition animals (mainly leopards). Among the violations were a failure to maintain required records, failure to provide veterinary care, failure to comply with standards affecting all aspects of cat care, and physically abusing animals. As a result, respondent's license was suspended, a civil penalty was imposed and an order was issued directing respondent to cease and desist from violating the Act. Although respondent sought the protection of the bankruptcy code, the automatic stay of proceedings provided by bankruptcy law does not prevent the Department from obtaining corrective action to preserve animal welfare. |
Case |
| In re: BIG BEAR FARM, INC., ANDREW BURR, AND CAROL BURR | 55 Agric. Dec. 107 (1996) | 1996 WL 119669 (U.S.D.A.) | Only requirement of 7 USCS § 2149(a), which authorizes suspension or revocation of license of exhibitor if exhibitor has violated or is violating any provision of Animal Welfare Act (7 USCS §§ 2131 et seq.) or any regulation or standard promulgated by Secretary under Act, is that at least one of violations be willful; existence of additional violations not shown to be willful does nothing to take away Secretary's authority to suspend or revoke exhibitor's license. | Case |
| IN RE: CECIL BROWNING, DELORES BROWNING AND DARREN BROWNING, d/b/a ALLIGATORLAND SAFARI ZOO, INC. | 52 Agric. Dec. 129 (1993) | 1993 WL 18997 (U.S.D.A.) |
This is a disciplinary proceeding under the Animal Welfare Act, as amended (7 U.S.C. s 2131 et seq.), and the regulations and standards issued thereunder (9 C.F.R. s 1.1 et seq.). On November 20, 1992, Administrative Law Judge Edwin S. Bernstein (ALJ) issued an Initial Decision and Order assessing a civil penalty of $2,000, and suspending Respondents' license for 30 days, and thereafter until they are in full compliance with the Act, regulations and standards, because Respondents failed to keep their primary enclosures sanitary and in suitable condition, failed to maintain complete records, failed to keep food and watering receptacles clean, failed to handle wastes properly, failed to provide adequate veterinarian care, and failed to utilize sufficient personnel to maintain proper husbandry practices. (Respondents were licensed exhibitors of captive wildlife, including deer, non-human primates, and bears, among other animals.) The court also found the sanctions were not too severe, considering the willfullness of the violations. |
Case |
| IN RE: CRAIG LESSER AND MARILYN LESSER | 52 Agric. Dec. 155 (1993) | 1993 WL 151162 (U.S.D.A.) |
Respondents, Craig and Marilyn Lesser, were respectively, president and vice-president of LSR Industries, a Wisconsin corporation that was in the business of breeding and selling rabbits to research institutions, and licensed dealers under the Animal Welfare Act. The ALJ issued an Initial Decision and Order assessing civil penalties of $9,250, and suspending Respondents' license for 30 days, after respondents interfered with APHIS inspections of their facilities and failed to maintain their facilities in accordance with the standards involving housing, sanitation, cleaning, ventilation, storage of food and bedding, and lighting. However, the Judicial Officer increased the civil penalties of $9,250 assessed by the ALJ by $500, because of sanitation and waste violations, for which the ALJ assessed no civil penalties. Since Respondents did not raise any issue before the ALJ as to whether warrantless inspections are unreasonable under the Fourth Amendment, they cannot raise the issue on appeal. The Fourth Amendment is not violated by warrantless inspections under this regulatory statute. |
Case |
| In re: DAVID M. ZIMMERMAN | 56 Agric. Dec. 433 (1997) | 1997 WL 327152 (U.S.D.A.) | Purpose of sanctions is to deter respondent, as well as others, from committing same or similar violations. | Case |
| In re: DAVID M. ZIMMERMAN | 57 Agric. Dec. 1038 (1998) | 1998 WL 799196 (U.S.D.A.) | Ongoing pattern of violations establishes "history of previous violations" for purposes of 7 USCS § 2149(b), and it is appropriate to view evidence as establishing prior violations in determining appropriate level of civil penalty. | Case |
| In re: DELTA AIR LINES, INC. | 53 Agric. Dec. 1076 (1994) | 1994 WL 657125 (U.S.D.A.) | The Judicial Officer affirmed the Decision by Chief Judge Palmer (Chief ALJ) assessing civil penalties of $140,000, with $60,000 held in abeyance for 1 year, for transporting 108 dogs and cats in a cargo space that was without sufficient air, causing the death of 32 dogs. The Order also directs Respondent to cease and desist from violating the Act, regulations and standards, and, in particular, to cease and desist from failing to ensure that dogs and cats have a supply of air sufficient for normal breathing. On appeal, the court held that when regulated entity fails to comply with Act, regulations or standards, there is separate violation for each animal consequently harmed or placed in danger. | Case |
| IN RE: DONALD STUMBO, D/B/A STUMBO FARMS | 43 Agric. Dec. 1079 (U.S.D.A.) | 1984 WL 54981 (U.S.D.A.) |
Imposition of $4,000 civil penalty was appropriate under 7 USCS § 2149(b) where respondent committed numerous, serious violations of Animal Welfare Act, respondent handled large number of animals, and violations continued after respondent was advised in writing of violations and given opportunity to correct them. |
Case |
| IN RE: E. LEE COX AND BECKY COX, D/B/A PIXY PALS KENNEL | 50 Agric. Dec. 1662 (1991) | 1991 WL 337380 (U.S.D.A.) |
On March 14, 1990, the civil penalty and suspension provisions of the order issued in this case on January 29, 1990, 49 Agric.Dec. 115, were stayed pending the outcome of proceedings for judicial review. This order is issued lifting the stay. The civil penalty of $12,000 assessed against the respondents shall be paid no later than the 90th day after service of this order. |
Case |
| IN RE: E. LEE COX AND BECKY COX, D/B/A PIXY PALS KENNEL | 49 Agric. Dec. 115 (1990) | 1990 WL 320949 (U.S.D.A.) |
This is a disciplinary proceeding under the Animal Welfare Act, as amended (7 U.S.C. ss 2131- 2156). On April 20, 1989, Administrative Law Judge Edwin S. Bernstein (ALJ) issued an initial Decision and Order suspending respondents' license for 90 days, and thereafter until respondents demonstrate compliance with the Act and regulations, assessing a civil penalty of $12,000, and directing respondents to cease and desist from failing to retain possession and control of all dogs until they are at least 8 weeks of age and have been weaned, failing to hold dogs for not less than 5 business days after acquisition, failing to keep and maintain proper records, and failing to allow inspection of respondents' facility and records. Dealers and other regulated persons are required to grant access to their records during ordinary business hours, without any advance notice from Department. |
Case |