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Displaying 61 - 70 of 141
Titlesort descending Citation Alternate Citation Summary Type
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
IN RE: LANCELOT KOLLMAN RAMOS 2015 WL 6561874 (U.S.D.A., 2015) Respondent Lancelot Kollman Ramos has worked as a circus performer and animal trainer his entire life. Ramos acquired Ned the elephant from William Woodcock, who was retiring from the circus. Ramos was aware of rumors that something was wrong with Ned, and he was aware that the animal was thin, but he did not know that it had any health problems. Despite the animal's emaciated condition, Ramos exhibited him in a circus. An Administrative Law Judge found Ramos willfully violated the Animal Welfare Act. $1,650 in fines were imposed on Ramos for violating a cease and desist order and another $5,000 was imposed on him for wilful failure to handle an animal as carefully as possible. Case
In re: Lee Marvin Greenly 2012 WL 3877414 (U.S.D.A. Aug. 22, 2012) Respondent Lee Marvin Greenly is an individual who operates what he describes as a photographic educational game farm along the scenic Kettle River near Sandstone, Minnesota. He is a licensed exhibitor under the Animal Welfare Act. A USDA complaint alleged that between March 14, 2006 and October 19, 2010 the Respondents committed some thirty-seven separate violations of the Act and its Regulationsincluding (a) failing to provide adequate veterinary care to their animals; (b) failing to establish a mechanism for communicating with the veterinarian; (c) failing to construct structurally sound housing facilities; (d) failing to timely remove and dispose of food waste; (e) failing to appropriately store food; (f) failing to adequately enclose outdoor facilities; (g) failing to make, keep and maintain adequate and appropriate records; (h) failing to provide environmental enrichment for the animals; (i) failing to allow access for unannounced inspections of the facility, the animals and records; (j) failing to handle animals so as to avoid trauma or physical harm; and (k) failing to handle animals so that there was minimal risk to the public and the animals by permitting direct contact between dangerous animals and members of the public, resulting in injuries to the public on three occasions, death to a neighbor's pet, and mandatory euthanization of one of the animals following one incident. In this order, an Administrative Law Judge issued a cease and desist order, as well as revoked Respondent’s license due to the violations. Case
In re: MARILYN SHEPHERD 57 Agric. Dec. 242 (1998) 1998 WL 385884 (U.S.D.A.) Recommendations of administrative officials charged with responsibility for achieving congressional purpose of Animal Welfare Act 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: MARJORIE WALKER, d/b/a LINN CREEK KENNEL 2006 WL 2439003 (U.S.D.A.)

Judicial Officer affirmed the Administrative Law Judge's decision that Marjorie Walker, d/b/a Linn Creek Kennel, violated the regulations of the Animal Welfare Act. The Judicial Officer stated that the Animal Welfare Act provides factors that must be considered when deciding the amount of civil penalty, and that the ability to pay the penalty is not a factor. Respondent was ordered to cease and desist from violating the regulations and standards, pay a $14,300 civil penalty, and the license was revoked .

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IN RE: MARLIN U. ZARTMAN D/B/A GILBERTSVILLE SALES STABLES. 44 Agric. Dec. 174 (1985) 1985 WL 62917 (U.S.D.A.) Secretary is authorized to promulgate standards applicable to operator of auction sale as to care, treatment, housing, feeding, watering, and sanitation of animals, since literal language of 7 USCS § 2142 and its legislative history gives Secretary broad authority to impose on auction operator standards of humane handling of all animals subject to Animal Welfare Act, and although construing word "handling" in § 2143 broad enough to include those areas would nullify significance and effect of additional terms, contemporaneous construction of Act by administrative officials charged with responsibility for achieving congressional purpose of ensuring humane care and treatment of animals indicates Secretary has authority to impose such standards on auction operators. Case
IN RE: MARY BRADSHAW 50 Agric. Dec. 499 (1991) 1991 WL 290586 (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 issued thereunder (9 C.F.R. s 1.1 et seq.). On January 29, 1991, Administrative Law Judge James W. Hunt (ALJ) issued an Initial Decision and Order assessing a civil penalty of $10,000, and directing respondent to cease and desist from violating the Act, regulations and standards, and, in particular, to cease and desist from engaging in any activity for which a license is required without holding a valid license. The court held that a suspension order may be issued where violation occurred while respondent was not licensed.

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