60 Agric. Dec. 694

Conclusion of Law

By reason of the Findings of Facts, Respondent violated the Plant Quarantine Act, the Federal Plant Pest Act, and 7 C.F.R. §§ 319.56(c), .56-2i, .56-2x, and .56-3.

ADDITIONAL CONCLUSIONS BY THE JUDICIAL OFFICER

Respondent raises two issues in her letter dated September 18, 2001 [hereinafter Appeal Petition]. First, Respondent asserts she previously paid $50 in relation to this proceeding (Appeal Pet. at first unnumbered page). Complainant responds that the Animal and Plant Health Inspection Service has received $50 from Respondent and that Respondent's $50 payment should be credited against the $500 civil penalty assessed against Respondent by the ALJ (Complainant's Response to Respondent's Appeal at 2; Attachment to Complainant's Response to Respondent's Appeal).

Based on Respondent's assertion that she previously paid $50 in relation to this proceeding and Complainant's agreement with Respondent's assertion, I reflect Respondent's previous payment of $50 in the Order.

Second, Respondent requests that she be allowed to pay the civil penalty assessed against her in installments. Respondent does not indicate either a number of installments or a time between each installment. (Appeal Pet. at first unnumbered page.) Complainant has no objection to Respondent's paying the civil penalty in installments of $50 per month (Complainant's Response to Respondent's Appeal at 2).

Pursuant to Respondent's request that she be allowed to pay the civil penalty in installments and Complainant's lack of objection to Respondent's paying the civil penalty in installments of $50 per month, I issue an Order requiring Respondent to pay the civil penalty in installments of $50 per month.

For the foregoing reasons, the following Order should be issued.

ORDER

Respondent is assessed a $500 civil penalty. The civil penalty shall be paid by certified checks or money orders, made payable to the Treasurer of the United States, and sent to:

United States Department of Agriculture
APHIS Field Servicing Office

Accounting Section

P.O. Box 3334

Minneapolis, Minnesota 55403

Respondent has paid $50 of the $500 civil penalty which I assess against her. Respondent shall pay the unpaid portion of the $500 civil penalty in installments of $50 each month for 9 consecutive months. Respondent's next payment shall be sent to, and received by, the United States Department of Agriculture, APHIS Field Servicing Office, Accounting Section, within 60 days after service of this Order on Respondent. If Respondent is late in making any payment or misses any payment, then all remaining payments become immediately due and payable in full. Respondent shall state on each certified check or money order that payment is in reference to P.Q. Docket No. 01-0017.

60 Agric. Dec. 703

DEFAULT DECISIONS

ANIMAL QUARANTINE ACT

In re: TAMMY DUONG.

A.Q. Docket No. 00-0002.

Decision and Order.

Filed September 7, 2001.

A.Q. - Default.

James A. Booth, for Complainant.

Respondent, Pro se.

Decision and Order issued by James W. Hunt, Administrative Law Judge.

This is an administrative proceeding for the assessment of a civil penalty for a violation of the regulations governing the movement of animal products (9 C.F.R. § 94 et seq.), hereinafter referred to as the regulations, in accordance with the Rules of Practice in 7 C.F.R. §§ 1.130 et seq. and 380.1 et seq.

This proceeding was instituted under the Act of August 30, 1890, as amended (21 U.S.C. §§102-105), the Act of February 2, 1903, as amended (21 U.S.C. §111), and the Act of July 2, 1962 (21 U.S.C. §134a-134f)(Acts), and the regulations promulgated thereunder (9 C.F.R. §94 et seq.) (regulations), by a complaint filed on July 11, 2000, by the Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture. The respondent failed to file an answer within the time prescribed in 7 C.F.R. § 1.136(a). Section 1.136(c) of the Rules of Practice (7 C.F.R. § 1.136(c)) provides that the failure to file an answer within the time provided under 7 C.F.R. § 1.136(a) shall be deemed an admission of the allegations in the complaint. Further, the admission of the allegations in the complaint constitutes a waiver of hearing. (7 C.F.R. § 1.139). Accordingly, the material allegations in the complaint are adopted and set forth in this Default Decision as the Findings of Fact, and this Decision is issued pursuant to section 1.139 of the Rules of Practice applicable to this proceeding. (7 C.F.R. § 1.139).

Findings of Fact

1. Tammy Duong, herein referred to as the respondent, is an individual whose mailing address is 11966 Cedarvale Street, Norwalk, California 90650.

2. On or about January 18, 1999, the respondent imported twenty pounds of pork floss into the United States from Vietnam at Los Angeles, California, in

violation of 9 C.F.R. §94.1 because the importation of pork from Vietnam into the United States is prohibited.

Conclusion

By reason of the Findings of Fact set forth above, the respondent has violated the Acts and the regulations issued under the Acts. Therefore, the following Order is issued.

Order

The respondent is hereby assessed a civil penalty of five hundred dollars ($500.00). This penalty shall be payable to the "Treasurer of the United States" by certified check or money order, and shall be forwarded within thirty (30) days from the effective date of this Order to:

United States Department of Agriculture

APHIS Field Servicing Office

Accounting Section

P.O. Box 3334

Minneapolis, Minnesota 55403

Respondent shall indicate that payment is in reference to A.Q. Docket No. 00-0002.

This order shall have the same force and effect as if entered after a full hearing and shall be final and effective thirty five (35) days after service of this Default Decision and Order upon respondent, unless there is an appeal to the Judicial Officer pursuant to section 1.145 of the Rules of Practice applicable to this proceeding. (7 C.F.R. § 1.145).

[This Decision and Order became final October 28, 2001.-Editor]

60 Agric. Dec. 705

ANIMAL WELFARE ACT

In re: LISA CHRISTIANSON HUTCHERSON.

AWA Docket No. 00-0005.

Decision and Order.

Filed August 25, 2000.

AWA - Default - Admission.

Frank Martin, Jr., for Complainant

Respondent, Pro se

Decision and Order issued by Dorothea A. Baker, Administrative Law Judge.

Preliminary Statement

This proceeding was instituted under the Animal Welfare Act ("Act"), as amended (7 U.S.C. § 2131 et seq.), by a complaint filed by the Administrator, Animal and Plant Health Inspection Service, United States Department of Agriculture, alleging that the respondent willfully violated the Act and the regulations issued pursuant to the Act (9 C.F.R. § 1.1 et seq.).

A copy of the complaint and the Rules of Practice governing proceedings under the Act, 7 C.F.R. §§ 1.130-1.151, was served on the respondent Lisa Christianson Hutcherson by personal service on February 22, 2000. Respondent was informed in the letter of service that an answer should be filed pursuant to the Rules of Practice and that failure to answer any allegation in the complaint would constitute an admission of that allegation.

Respondent Lisa Christianson Hutcherson has failed to file an answer within the time prescribed in the Rules of Practice, and the material facts alleged in the complaint, which are admitted as set forth herein by respondent's failure to file an answer, are adopted and set forth herein as Findings of Fact and Conclusions of Law.

This decision and order, therefore, is issued pursuant to section 1.139 of the Rules of Practice, 7 C.F.R. § 1.139.

Findings of Fact and Conclusions of Law

I

1. Lisa Christian Hutcherson, hereinafter referred to as respondent, is an individual whose address is 8681 N. 299th Ave., Buckeye, Arizona 85326.