Cite as 24 A.D. 1047 (No. 10,027) In re E. T. BOWMAN, d/b/a CORN BELT CATTLE SALES COMPANY. P&S Docket No. 3559. Decided August 2, 1965. Bonding requirements-Cease and desist-Consent Respondent is ordered to cease and desist from engaging in business under the act without being bonded as required by the act and the regulations issued thereunder. Mr. Garrett N. Wyss for complainant. Respondent pro se. Decision by Thomas J. Flavin, Judicial Officer PRELIMINARY STATEMENT This is a disciplinary proceeding under the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. 181 et seq.), hereinafter referred to as the Act, instituted by a complaint filed on June 29, 1965, by the Acting Director, Packers and Stockyards Division, Consumer and Marketing Service, United States Department of Agriculture, charging respondent with violations of the Act and the regulations thereunder (9 CFR 201.1 et seq.), hereinafter referred to as the regulations. Respondent filed an answer on July 22, 1965, in which he admits the jurisdictional allegations of the complaint, neither admits nor denies the remaining allegations, waives oral hearing and the report of the Hearing Examiner, and consents to the issuance of a specified order, with findings and conclusions, for the purpose of this proceeding only, based on all allegations contained in the complaint. Complainant has recommended that the cease and desist provisions of the order consented to by respondent be issued, but that respondent not be suspended as a registrant under the Act as respondent is now in compliance with the bonding requirements of the Act and the regulations. FINDINGS OF FACT 1. Respondent, an individual d/b/a Corn Belt Cattle Sales Company, whose address is Box 125, Dewitt, Iowa, is now and was at all times material herein engaged in the business of buying and selling in commerce livestock on his own account and is now and was at all times material herein so registered with the Secretary of Agriculture. Cite as 24 A.D. 1047 2. The Lamoni Sale Corporation stockyard, Lamoni, Iowa, the Fairgrounds Sale Company, Inc. stockyard, Maryville, Missouri, and the Bowman Cattle Company, Inc. stockyard, Maquoketa, Iowa, hereinafter called the stockyards, were at all times material herein posted stockyards subject to the provisions of the Act. 3. The surety bond which respondent maintained to secure performance of his dealer obligations under the Act was terminated on July 3, 1964. On or about June 15, 1964, respondent was notified in writing of such termination date and was informed that he would have to furnish a new bond if he continued to operate as a dealer in commerce after such termination date. On or about October 6, 1964, respondent was again notified in writing of the termination date of his bond and was again informed that he must furnish a new bond in order to operate as a dealer in commerce after such termination date. Notwithstanding said notices, respondent continued to engage in the business of a dealer buying and selling at the stockyards and otherwise in commerce, livestock on his own account without filing and maintaining a reasonable bond or its equivalent, as required by the Act and the regulations. CONCLUSIONS By reason of the facts set forth in Finding of Fact 3 hereof, respondent has wilfully violated section 312 (a) of the Act (7 U.S.C. 213 (a)) and sections 201.29 and 201.30 of the regulations (9 CFR 201.29 and 201.30). The complainant has recommended that the cease and desist order consented to by respondent be issued. The cease and desist order will be issued. ORDER Respondent shall cease and desist from engaging in business in commerce in any capacity for which bonding is required under the Act and the regulations without filing and maintaining a reasonable bond or its equivalent, as required by the Act and the regulations thereunder. This order shall become effective on the sixth day after service upon respondent. Copies hereof shall be served upon the parties. Cite as 24 A.D. 1049 (No. 10,028) In re BENNIE L. PENCE. P&S Docket No. 3430. Decided August 2, 1965. Suspension terminated Decision by Thomas J. Flavin, Judicial Officer SUPPLEMENTAL ORDER In this disciplinary proceeding under the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. 181 et seq.), an order was issued March 23, 1965, suspending respondent as a registrant under the Act until he fully complies with the bonding requirements of the Act and the regulations. Complainant has now recommended that a supplemental order be issued terminating the suspension of respondent as a registrant under the Act as respondent has fully complied with the bonding requirements of the Act and the regulations and has requested termination of his suspension as a registrant. Accordingly, the suspension of respondent as a registrant under the Act in the order of March 23, 1965, is hereby terminated. Such order shall remain in full force and effect in all other respects. Copies hereof shall be served upon the parties. (No. 10,029) In re C. H. SCHEOPNER. P&S Docket No. 3366. Decided August 2, 1965. Prior order amended Decision by Thomas J. Flavin, Judicial Officer SUPPLEMENTAL ORDER In this proceeding under the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. 181 et seq.), an order was issued on February 15, 1965, in part, suspending "respondent as a registrant under the Act for a period of 30 days and thereafter until such time as respondent shall demonstrate that he is no longer insolvent." Complainant has recommended that such Cite as 24 A.D. 1050 suspension be held in abeyance to permit respondent to obtain employment with another registrant, provided that respondent does not operate in any capacity for which registration is required under the Act and in which he would incur personal financial obligation, until he has demonstrated that he is no longer insolvent. Accordingly, the suspension of respondent as a registrant under the Act contained in the order of February 15, 1965, is hereby held in abeyance provided that respondent shall not operate in any capacity for which registration is required under the Act and in which he would incur personal financial obligation, until he has demonstrated that he is no longer insolvent. The order of February 15, 1965, shall remain in full force and effect in all other respects. (No. 10,030) In re SILVER SPRING LIVESTOCK MARKET, INC. P&S Docket No. 3557. Decided August 2, 1965. Bonding requirements-Cease and desist-Consent Respondent is ordered to cease and desist from engaging in business under the act without being bonded as required by the act and the regulations issued thereunder. Miss Eva S. Reifenberg for complainant. Mr. Penrose Hertzler, Pottsville, Pa., for respondent. Decision by Thomas J. Flavin, Judicial Officer PRELIMINARY STATEMENT This is a disciplinary proceeding under the Packers and Stockyards Act, 1921, as amended an supplemented (7 U.S.C. 181 et seq.), hereinafter referred to as the Act, instituted by a complaint filed on June 28, 1965, by the Acting Director, Packers and Stockyards Division, Consumer and Marketing Service, United States Department of Agriculture, charging respondent with violations of the Act and the regulations promulgated thereunder (9 CFR 201.1 et seq.), hereinafter referred to as the regulations. Respondent filed an amended answer on July 19, 1965, in which it admits the jurisdictional allegations of the complaint, neither Cite as 24 A.D. 1050 admits nor denies the remaining allegations, waives oral hearing and the report of the Hearing Examiner, and consents to the issuance of a specified order, with findings and conclusions, for the purpose of this proceeding only, based on all allegations contained in the complaint. Complainant has stated in its recommendation that respondent is now in compliance with the bonding requirements of the Act and the regulations thereunder and has recommended that the order consented to by respondent be issued. FINDINGS OF FACT 1. The Silver Spring Livestock Market, Inc. stockyard, Mechanicsburg, Pennsylvania, hereinafter referred to as the stockyard, is now, and was at all times mentioned herein, a posted stockyard subject to the provisions of the Act. 2. Respondent, Silver Spring Livestock Market, Inc., a corporation, whose business address is R.D. #1, Mechanicsburg, Pennsylvania, is now and was at all times material herein, engaged in the business of a market agency, selling livestock in commerce on a commission basis. 3. Respondent is now and was at all times material herein registered with the Secretary of Agriculture as a market agency. 4. The surety bond which respondent maintained to secure performance of its market agency obligations under the Act was terminated on December 23, 1964. The Area Supervisor of the Packers and Stockyards Division, Consumer and Marketing Service (then known as Agricultural Marketing Service), United States Department of Agriculture, for the Area that includes the State of Pennsylvania, by a letter dated October 27, 1964, and received by the respondent on October 29, 1964, notified respondent of the termination date of its bond and informed respondent that it would have to furnish the required bond if it continued to operate as a registrant under the Act after December 23, 1964. Notwithstanding said notice, respondent continued to engage in the business of a market agency selling livestock at the stockyard on a commission basis, without filing and maintaining a reasonable bond or its equivalent as required by the Act and the regulations thereunder. CONCLUSIONS By reason of the facts set forth in finding of fact number 4, supra, respondent has wilfully violated sections 307 and 312 (a) |