60 Agric. Dec. 708 by a certified check or money order made payable to the Treasurer of United States. The provisions of this order shall become effective on the first day after this decision becomes final. Pursuant to the Rules of Practice, this decision becomes final without further proceedings 35 days after service as provided in section 1.142 and 1.145 of the Rules of Practice, 7 C.F.R. §§ 1.142 and 1.145. Copies of this decision shall be served upon the parties. [This Decision and Order became final December 14, 2001 Editor.] FEDERAL CROP INSURANCE ACT In re: GARY HASTINGS. FCIA Docket No. 00-0010. Decision and Order. Filed June 22, 2001. FCIA - Untimely answer - Admission. Donald McAmis, for Complainant. Respondent, Pro se. Decision and Order issued by James W. Hunt, Administrative Law Judge. Decision In response to a complaint filed by Federal Crop Insurance Corporation (FCIC), a document on behalf of respondent has been filed which in the penultimate paragraphs admits the allegations is in paragraphs II and III of the complaint. To the extent the document is an answer to the complaint, and is responsive to the allegations in the complaint, it constitutes an admission of the allegations. Respondent never denies any allegations in the complaint. To the extent the document is not an answer to the complaint, then no answer has been timely filed and the allegations in the complaint are deemed admitted. Pursuant to sections 1.136(c) and 1.139 of the Rules of Practice Governing Formal Adjudicatory Administrative Proceedings Instituted by the Secretary, respondent, Gary Hastings, has admitted in his answer the allegations contained in the complaint. Those allegations included a conviction for, on April 8, 1999, unlawfully, willingly, and knowingly making false statements or reports for the purpose of influencing the actions of the FCIC.. Therefore, since the allegations in paragraphs II and III of the Complaint are deemed admitted, and respondent has pleaded guilty to unlawfully, willingly and knowingly making false statement or reports for the purpose of influencing the action of FCIC and was convicted, it is found that the respondent has willfully and intentionally provided false and inaccurate information to the Federal Crop Insurance Corporation or to the insurer with respect to an insurance plan or policy under the Federal Crop Insurance Act. (7 U.S.C. § 1506 (n), the Act). It is further found that, pursuant to section 506 of the Act (7 U.S.C. § 1506), respondent, and any entity in which he retains substantial beneficial interest after the period of disqualification has commenced, is disqualified from purchasing catastrophic risk protection for a period of one year and from receiving any other benefit under the Act for a period of 5 years. The period of disqualification shall 60 Agric. Dec. 713 be effective 35 days after this decision is served on the respondent unless there is an appeal to the Judicial Officer pursuant to § 1.145. If the period of disqualification would commence after the beginning of the crop year, and the respondent has a crop insurance policy in effect, disqualification will commence at the beginning of the following crop year and remain in effect for the entire period specified in this decision. [This Decision and Order became final August 2, 2001.-Editor] Decision and Order issued by James W. Hunt, Administrative Law Judge. Pursuant to section 1.136(c) of the Rules of Practice Governing Formal Adjudicatory Administrative Proceedings Instituted by the Secretary, failure of respondent, Joe Delany Schenck, to file an answer within the time provided is deemed an admission of the allegations contained in the Complaint. Since the allegations in paragraph II of the Complaint are deemed admitted, it is found that the respondent has willfully and intentionally provided false and inaccurate information to the Federal Crop Insurance Corporation or to the insurer with respect to an insurance plan or policy under the Federal Crop Insurance Act. (7 U.S.C. § 1506 (n), the Act). It is further found that, pursuant to section 506 of the Act (7 U.S.C. § 1506), respondent, and any entity in which he retains substantial beneficial interest after the period of disqualification has commenced, is disqualified from purchasing catastrophic risk protection for a period of one year, from receiving any other benefit under the Act for a period of 5 years. The period of disqualification shall be effective 35 days after this decision is served on the respondent unless there is an appeal to the Judicial Officer pursuant to § 1.145. If the period of disqualification would commence after the beginning of the crop year, and the respondent has a crop insurance policy in effect, disqualification will commence at the beginning of the following crop year and remain in effect for the entire period specified in this decision. [This Decision and Order became final August 3, 2001.-Editor.] 60 Agric. Dec. 715 PLANT QUARANTINE ACT In re: JEUMENE T. SAINT-FLEUR. P.Q. Docket No. 01-0014. Decision and Order. Filed September 7, 2001. P.Q. Untimely answer - Admission. James Booth, for Complainant. Respondent, Pro se. Decision and Order issued by Jill S. Clifton, Administrative Law Judge. Decision This is an administrative proceeding for the assessment of a civil penalty for violations of the regulations governing the importation of fruit from Mexico into the United States (7 C.F.R. § 319.56 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 Plant Quarantine Act of August 20, 1912, as amended (7 U.S.C. §§ 151-167), the Federal Plant Pest Act, as amended (7 U.S.C. §§ 150aa-150jj) (Acts) and the regulations promulgated thereunder, by a complaint filed on March 29, 2001, 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 failure to file an answer 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 and Order 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. Jeumene T. Saint-Fleur, respondent, is an individual whose mailing address is 64 Prospect Avenue, 2MF1, Irvington, New Jersey 07111. 2. On or about July 4, 1999, the respondent imported approximately 12 fresh |