Results
Displaying 71 - 80 of 141
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| IN RE: MICHEAL McCALL AND KATHY McCALL | 52 Agric. Dec. 986 (1993) | 1993 WL 459890 (U.S.D.A.) | This opinion held that the USDA may impose sanctions even if respondent dealer is not licensed. Respondents were operators of kennel facilities in Washington, Kansas, and in nearby Reynolds, Nebraska. In 1991 and 1992, Respondents each applied for dealer's licenses under the Act and both were denied. The Judicial Officer affirmed that part of the Order by Judge Bernstein (ALJ) assessing civil penalties of $7,500, and ordering Respondents to cease and desist from engaging in any activity for which a license is required without being licensed, and failing to maintain their facilities in accordance with the regulations and standards involving housing, shelter, veterinary care, records, sanitation, cleaning, food, and water. However, the Judicial Officer increased from 1 year to 10 years the period in which Respondents are disqualified from becoming licensed under the Act and regulations. | Case |
| In re: OTTO BEROSINI. | 54 Agric. Dec. 886 (1995) | 1995 WL 560811 (U.S.D.A.) | Congress has authority under Commerce Clause (Art I, § 8, cl 3) to give Department of Agriculture authority to regulate interstate activities within purview of Animal Welfare Act (7 USCS §§ 2131 et seq.), including activities of animal exhibitors. | Case |
| In re: PATRICK D. HOCTOR | 54 Agric. Dec. 114 (1995) | 1995 WL 321500 (U.S.D.A.) |
Sanction in each case is to be determined by examining nature of violations in relation to remedial purposes of regulatory statute involved, along with all relevant circumstances, giving appropriate weight to recommendations of administrative officials having responsibility for achieving congressional purpose. |
Case |
| IN RE: PET PARADISE, INC. | 51 Agric. Dec. 1047 (1992) | 1992 WL 240852 (U.S.D.A.) | Where complaint advised respondent of exact matters at issue, there is no basis for dismissing any allegations of complaint merely because they failed to specify subsections of regulations or standards involved in some of alleged violations. Formalities of court pleading are not applicable in administrative proceedings. Findings of fact need only be supported by a preponderance of the evidence. A violation is willful if the person intentionally does an act which is prohibited or acts with careless disregard of statutory requirements. | Case |
| In re: PETER A. LANG, d/b/a SAFARI WEST | 57 Agric. Dec. 91 (1998) | 1998 WL 241639 (U.S.D.A.) | Proof of willfulness is not prerequisite to concluding that respondent violated Animal Welfare Act or assessing civil penalty or issuing cease and desist order. | Case |
| In re: RONALD DeBRUIN | 54 Agric. Dec. 876 (1995) | 1995 WL 464872 (U.S.D.A.) | Respondent's failure to file timely answer or deny allegations of complaint constitutes admission of allegations in complaint and waiver of hearing. | Case |
| IN RE: RONNIE FAIRCLOTH AND JR's AUTO & PARTS, INC. | 52 Agric. Dec. 171 (1993) | 1993 WL 151164 (U.S.D.A.) | Individual who owned auto parts company, and who kept exotic animals on premises (allegedly as pets), was exhibitor for purposes of Act, even though economic benefit to him from exhibiting animals to public was de minimis, because individual's activities were in commerce. | Case |
| IN RE: ROSIA LEE ENNES | 45 Agric. Dec. 540 (1986) | 1986 WL 74679 (U.S.D.A.) | Civil penalty of $1,000 against unlicensed dealer was appropriate under 7 USCS § 2149(b), and greater penalty could have been requested where although moderate size of kennel suggested modest penalty, selling hundreds of dogs without license over 40-month period was grave violation of Animal Welfare Act, violations were not committed in good faith since dogs were knowingly and intentionally sold without license after receiving 4 warnings, and even though dealer thought mistakenly that Department would not prosecute her for such violations and there was no history of previous violations, the hundreds of violations proven were sufficient to warrant severe sanction. | Case |
| IN RE: S.S. FARMS LINN COUNTY, INC., JAMES W. HICKEY, MARIE HICKEY, JAMES JOSEPH HICKEY AND SHANNON HANSEN | 50 Agric. Dec. 476 (1991) | 1991 WL 290584 (U.S.D.A.) | Reliance is to be no longer placed on "severe" sanction policy set forth in prior decisions; rather, sanction in each case will be determined by examining nature of violations in relation to remedial purposes of regulatory statute involved, along with all relevant circumstances, always giving appropriate weight to recommendations of administrative officials charged with responsibility for achieving congressional purpose. | Case |
| In re: SAMUEL ZIMMERMAN | 56 Agric. Dec. 1419 (1997) | 1997 WL 730380 (U.S.D.A.) | Proof of respondent's willful violations of Animal Welfare Act and regulations and standards is not necessary for revocation or suspension of respondent's license where respondent received notice in writing of facts or conduct that might warrant suspension or revocation of his license, and respondent had opportunity to achieve compliance with requirements of Act and regulations and standards. | Case |