received within the time required in the Rules of Practice.* On May 11, 2001, in accordance with section 1.139 of the Rules of Practice (7 C.F.R. § 1.139), Complainant filed a "Motion for Adoption of Proposed Decision and Order" [hereinafter Motion for Default Decision] and a proposed "Decision and Order as to J. Wayne Shaffer, Michael Leigh Stanley, L'il Ark Exotics, and The Enchanted Forest Upon Admission of Facts by Reason of Default" [hereinafter Proposed Default Decision]. The Hearing Clerk served Michael Leigh Stanley, L'il Ark Exotics, and The Enchanted Forest with Complainant's Motion for Default Decision and Complainant's Proposed Default Decision on May 17, 2001. The Hearing Clerk served J. Wayne Shaffer with Complainant's Motion for Default Decision and Complainant's Proposed Default Decision on July 17, 2001. Section 1.139 of the Rules of Practice (7 C.F.R. § 1.139) provides that objections to a proposed decision and a motion for adoption of the proposed decision must be filed within 20 days after service of the motion for the proposed decision and the proposed decision. Respondents failed to file objections to Complainant's Motion for Default Decision and Complainant's Proposed Default Decision within 20 days after service of Complainant's Motion for Default Decision and Complainant's Proposed Default Decision. On August 13, 2001, pursuant to section 1.139 of the Rules of Practice (7 C.F.R. § 1.139), Chief Administrative Law Judge James W. Hunt [hereinafter the Chief ALJ] issued a "Decision and Order as to J. Wayne Shaffer, Michael Leigh Stanley, L'il Ark Exotics, and The Enchanted Forest Upon Admission of Facts by Reason of Default" [hereinafter Initial Decision and Order]: (1) finding that, at all times material to this proceeding, Respondents were operating as dealers as defined in the Animal Welfare Act and the Regulations; (2) finding that, during 1998 and 1999, Respondents bought, sold, and transported animals in commerce without having obtained an Animal Welfare Act license from the Secretary of Agriculture; (3) concluding that Respondents willfully violated section 2.4 of the Animal Welfare *Letter dated April 17, 2001, from Joyce A. Dawson, Hearing Clerk, to L'il Ark Exotics, J. Wayne Shaffer, Michael Leigh Stanley, and The Enchanted Forest. 'See United States Postal Service Domestic Return Receipts for Article Number 4578 8652, Article Number 4578 8676, and Article Number 4578 8683. "See United States Postal Service Domestic Return Receipt for Article Number 7099 3400 0014 4579 4127. 60 Agric. Dec. 444 Act (7 U.S.C. § 2.4)' and section 2.1(a)(1) of the Regulations (9 C.F.R. § 2.1(a)(1)); (4) directing Respondents to cease and desist from violating the Animal Welfare Act and the Regulations and Standards; and (5) assessing Respondents, jointly and severally, a $20,150 civil penalty (Initial Decision and Order at 2-17). On August 27, 2001, J. Wayne Shaffer appealed to the Judicial Officer. On September 4, 2001, Michael Leigh Stanley, L'il Ark Exotics, and The Enchanted Forest appealed to the Judicial Officer. On September 13, 2001, Complainant filed "Complainant's Response to Appeals of Decision and Order Filed by Respondents J. Wayne Shaffer, Michael Leigh Stanley, L'il Ark Exotics, and The Enchanted Forest" [hereinafter Complainant's Response to Appeals]. On September 14, 2001, the Hearing Clerk transmitted the record of the proceeding to the Judicial Officer for consideration and decision. Based upon a careful consideration of the record and pursuant to section 1.145(i) of the Rules of Practice (7 C.F.R. § 1.145(i)), I adopt, with only minor modifications, the Chief ALJ's Initial Decision and Order as the final Decision and Order. Additional conclusions by the Judicial Officer follow the Chief ALJ's Conclusions of Law, as restated. APPLICABLE STATUTORY AND REGULATORY PROVISIONS 7 U.S.C.: TITLE 7-AGRICULTURE CHAPTER 54-TRANSPORTATION, SALE, AND HANDLING 'Based on the record, I infer the references in the Initial Decision and Order to "section 2.4" of the Animal Welfare Act and "7 U.S.C. § 2.4" are typographical errors and the Chief ALJ concluded that Respondents willfully violated section 4 of the Animal Welfare Act (7 U.S.C. § 2134), which requires dealers to obtain an Animal Welfare Act license from the Secretary of Agriculture. The Chief ALJ's reference to "Standards" is a reference to the standards issued under the Animal Welfare Act (9 C.F.R. §§ 3.1-.142) [hereinafter the Standards]. Complainant did not allege that Respondents violated the Standards and the Chief ALJ did not find or conclude that Respondents violated the Standards. § 2131. Congressional statement of policy The Congress finds that animals and activities which are regulated under this chapter are either in interstate or foreign commerce or substantially affect such commerce or the free flow thereof, and that regulation of animals and activities as provided in this chapter is necessary to prevent and eliminate burdens upon such commerce and to effectively regulate such commerce, in order— (1) to insure that animals intended for use in research facilities or for exhibition purposes or for use as pets are provided humane care and treatment; (2) to assure the humane treatment of animals during transportation in commerce; and (3) to protect the owners of animals from the theft of their animals by preventing the sale or use of animals which have been stolen. The Congress further finds that it is essential to regulate, as provided in this chapter, the transportation, purchase, sale, housing, care, handling, and treatment of animals by carriers or by persons or organizations engaged in using them for research or experimental purposes or for exhibition purposes or holding them for sale as pets or for any such purpose or use. § 2132. Definitions When used in this chapter (f) The term "dealer" means any person who, in commerce, for compensation or profit, delivers for transportation, or transports, except as a carrier, buys, or sells, or negotiates the purchase or sale of, (1) any dog or other animal whether alive or dead for research, teaching, exhibition, or use as a pet, or (2) any dog for hunting, security, or breeding purposes, except that this term does not include (i) a retail pet store except such store which sells any animals to a research facility, an exhibitor, or a dealer; or (ii) any person who does not sell, or negotiate the purchase or sale of any wild animal, dog, or cat, and who derives no more than $500 60 Agric. Dec. 444 gross income from the sale of other animals during any calendar year[.] § 2134. Valid license for dealers and exhibitors required No dealer or exhibitor shall sell or offer to sell or transport or offer for transportation, in commerce, to any research facility or for exhibition or for use as a pet any animal, or buy, sell, offer to buy or sell, transport or offer for transportation, in commerce, to or from another dealer or exhibitor under this chapter any animals, unless and until such dealer or exhibitor shall have obtained a license from the Secretary and such license shall not have been suspended or revoked. § 2149. Violations by licensees (b) Civil penalties for violation of any section, etc.; separate offenses; notice and hearing; appeal; considerations in assessing penalty; compromise of penalty; civil action by Attorney General for failure to pay penalty; district court jurisdiction; failure to obey cease and desist order Any dealer, exhibitor, research facility, intermediate handler, carrier, or operator of an auction sale subject to section 2142 of this title, that violates any provision of this chapter, or any rule, regulation, or standard promulgated by the Secretary thereunder, may be assessed a civil penalty by the Secretary of not more than $2,500 for each such violation, and the Secretary may also make an order that such person shall cease and desist from continuing such violation. Each violation and each day during which a violation continues shall be a separate offense. No penalty shall be assessed or cease and desist order issued unless such person is given notice and opportunity for a hearing with respect to the alleged violation, and the order of the Secretary assessing a penalty and making a cease and desist order shall be final and conclusive unless the affected person files an appeal from the Secretary's order with the appropriate United States Court of Appeals. The Secretary shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the person involved, the gravity of the violation, the person's good faith, and the history of previous violations. § 2151. Rules and regulations The Secretary is authorized to promulgate such rules, regulations, and orders as he may deem necessary in order to effectuate the purposes of this chapter. 7 U.S.C. §§ 2131, 2132(f), 2134, 2149(b), 2151. 28 U.S.C.: TITLE 28-JUDICIARY AND JUDICIAL PROCEDURE PART VI-PARTICULAR PROCEEDINGS CHAPTER 163—FINES, PENALTIES AND FORFEITURES § 2461. Mode of recovery .... FEDERAL CIVIL PENALTIES INFLATION ADJUSTMENT SHORT TITLE SECTION 1. This Act may be cited as the "Federal Civil Penalties Inflation Adjustment Act of 1990" FINDINGS AND PURPOSE SEC. 2. (a) FINDINGS.-The Congress finds that (1) the power of Federal agencies to impose civil monetary penalties for violations of Federal law and regulations plays an important role in deterring violations and furthering the policy goals embodied in such laws and regulations; (2) the impact of many civil monetary penalties has been and is |