Cite as 24 A.D. 924 tunity to get the alleged facts into evidence in the proceeding. Accordingly, the petition to reopen is granted and the hearing is reopened for the purposes set out in the petition. (No. 9964) In re DAVENPORT CENTER DAIRY, INC. AMA Docket No. M 2-18. Decided July 16, 1965. Dismissal-Consent of parties Decision by Thomas J. Flavin, Judicial Officer ORDER OF DISMISSAL In this proceeding under section 8c (15) (A) of the Agricultural Adjustment Act (1933), as reenacted and amended by the Agricultural Marketing Agreement Act of 1937 and subsequent amendments (7 U.S.C. 601 et seq.), petitioner requested that the petition herein be dismissed without prejudice and respondent does not object thereto. Accordingly, the petition is hereby dismissed without prejudice. (No. 9965) In re NATIONAL DAIRY PRODUCTS CORPORATION. AMA Dockets No. M 32-1, M 38-1, M 63-1 and M 79-1. Decided July 19, 1965. Dismissal-Stipulation Decision by Thomas J. Flavin, Judicial Officer ORDER OF DISMISSAL In each of these proceedings under section 8c (15) (A) of the Agricultural Adjustment Act (1933), as reenacted and amended by the Agricultural Marketing Agreement Act of 1937 and subsequent amendments (7 U.S.C. 601 et seq.), the parties stipulated and agreed that the petition therein be dismissed with prejudice. Accordingly, the petition in each proceeding is hereby dismissed with prejudice. Cite as 24 A.D. 925 (No. 9966) In re V. L. LEHR. P&S Docket No. 3536. Decided July 9, 1965. Bond-Checks-Drafts-Failure to pay when due-Records- Respondent is ordered to cease and desist from engaging in business under the act without the required bond, issuing insufficient funds checks and drafts in payment of livestock purchased and failing to pay when due for such livestock, is ordered to keep records that fully disclose all transactions in his business under the act and is suspended as a registrant for a period of 30 days. Mr. Donald E. Graham 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 May 25, 1965, by the Director, Packers and Stockyards Division, Consumer and Marketing Service, United States Department of Agriculture. The Complaint charges that respondent violated certain provisions of the Act and the regulations issued thereunder. The respondent is registered with the Secretary of Agriculture as a dealer buying livestock in commerce for slaughter purposes only. On June 15, 1965, respondent filed an answer in which he admits the jurisdictional allegations of the Complaint, neither admits nor denies the remaining allegations set forth in the Complaint, waives oral hearing and the report of the Hearing Examiner, and consents to the issuance of a specified order containing findings of fact and conclusions based upon the allegations set forth in the Complaint. Complainant has recommended that the order consented to by respondent be issued. FINDINGS OF FACT 1. The Lyons Sales Pavilion stockyard, Lyons, Kansas, the Pratt Livestock Commission Co. stockyard, Pratt, Kansas, the Medicine Lodge Sales Company, Inc. stockyard, Medicine Lodge, Cite as 24 A.D. 925 Kansas, the Pawnee Cattle Co., Inc. stockyard, Hutchinson, Kansas, are now and were at all times material herein posted stockyards subject to the provisions of the Act. 2. (a) Respondent, V. L. Lehr, whose address is 23 Harvest Lane, Hutchinson, Kansas, is now and was at all times material herein registered with the Secretary of Agriculture under the Act as a dealer buying livestock in commerce for slaughter purposes only. (b) Respondent, during the period September 11, 1964, through December 31, 1964, engaged in the business of a dealer buying and selling livestock in commerce for his own account. 3. Respondent, during the period September 11, 1964, through October 15, 1964, engaged in the business of a dealer buying and selling livestock in commerce without filing and maintaining a reasonable bond or its equivalent as required by the Act and the regulations. 4. (a) Respondent, on or about December 31, 1964, purchased 12 head of livestock at the Lyon Sales Pavilion stockyard for his own dealer account and issued a check in the sum of $1,120.62 in purported payment of the purchase price thereof, which check was returned unpaid by the bank upon which it was drawn marked "account closed." Respondent has failed to pay the purchase price of said livestock. (b) Respondent on or about the dates and in the transactions set forth in paragraph IV (b) of the Complaint, purchased livestock in commerce for his own dealer account and issued drafts in purported payment of the purchase price thereof, which drafts were not honored when presented for payment. Respondent has failed to pay the purchase price of said livestock. 5. Respondent, during the period September 11, 1964, through December 31, 1964, failed to keep accounts, records, or memoranda which fully and correctly disclosed all transactions involved in his business as a dealer under the Act. Respondent during such period failed to keep: (a) a daily record of livestock purchases and sales, (b) a general ledger of accounts showing assets, liabilities, income, expenses and net worth, (c) a cash book showing all cash received and disbursed, and (d) periodic reconciliations of his bank accounts. Cite as 24 A.D. 925 CONCLUSIONS By reason of the facts set forth in Finding of Fact 3 hereof, it is concluded that 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). By reason of the facts set forth in Finding of Fact 4 hereof, it is concluded that respondent has wilfully violated section 312(a) of the Act (7 U.S.C. 213 (a)) and section 201.43 (b) of the regulations (9 CFR 201.43 (b)). By reason of the facts set forth in Finding of Fact 5 hereof, it is concluded that respondent has wilfully violated section 401 of the Act (7 U.S.C. 221). Respondent has consented to the order set forth below and complainant has recommended that such order be issued. The order will be issued. ORDER Respondent shall cease and desist from: (1) 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; (2) Issuing checks and drafts in payment for livestock purchased in commerce without having and maintaining sufficient funds on deposit in the bank upon which they are drawn to pay such checks and drafts; and (3) Failing to pay, when due, the full purchase price of livestock purchased in commerce. Respondent shall keep accounts, records and memoranda that fully and correctly disclose all transactions involved in his business of buying and selling livestock in commerce for his own account under the Act including, among other things: (a) a daily record of purchases and sales, (b) a general ledger of accounts showing assets, liabilities, income, expenses and net worth, (c) a cash book showing all cash received and disbursed, and (d) monthly reconciliations of his bank accounts. Respondent is suspended as a registrant under the Act for a period of 30 days. Cite as 24 A.D. 928 This order shall become effective on the sixth day after service hereof upon the respondent and copies hereof shall be served upon the parties. (No. 9967) In re JEWEL EARLY, d/b/a RANDOLPH COUNTY SALES COMPANY and EARLY LIVESTOCK AGENCY. P&S Docket No. 3203. Decided July 14, 1965. Prior order modified Decision by Thomas J. Flavin, Judicial Officer MODIFICATION OF ORDER In this 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, an order was issued on July 16, 1964, which, inter alia, suspended the respondent as a registrant under the Act for a period of 30 days and thereafter until such time as he demonstrates that he is no longer insolvent. On April 8, 1965, respondent filed a petition which states, in substance, that he desires to obtain employment with a corporation that has filed an application for registration under the Act. Such petition also states that respondent will not be "financially responsible for the operation of the said business," and an investigation conducted by the Packers and Stockyards Division has verified such statement. Under the circumstances and since the 30-day period of suspension of respondent has expired, complainant has recommended that such suspension be held in abeyance in order to permit respondent to obtain employment with such corporation, 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 demonstrates that he is no longer insolvent. Accordingly, the suspension of respondent as a registrant under the Act contained in the order of July 16, 1964, is hereby held in abeyance, provided that respondent shall not operate in any capacity for which registration under the Act is required and in which he would incur personal financial obligation, until he demonstrates that he is no longer insolvent. The order of |