Agriculture Decisions: Decisions of the Secretary of Agriculture Under the Regulatory Laws Administered in the United States Department of Agriculture, 53. sējums,1. daļa
U.S. Government Printing Office, 1994
Up to 1988, the December issue contains a cumulative list of decisions reported for the year, by act, docket numbers arranged in consecutive order, and cumulative subject-index, by act.
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53 Agric accordance action addition adjustments administrative Agriculture allegations allow amended animals APHIS appeal application approved assessed August Cascade cattle cause certificate Chief civil penalty complaint conclusions conduct considered court Crown debarment Decision and Order denied determination Docket effective entered evidence examination exhibited export facilities failed failure Federal file an answer filed final Findings Findings of Fact Forest governing hearing horse Horse Protection Act indicate Initial inspection interstate involved issued Judicial Officer July lands Major marketing material milk mills moved Officer originating owner Pacific pain palpation parties period person Plant present prior proceeding producers proposed purchasing pursuant reason record referred Regional regulations request Respondent Rules of Practice Secretary Secretary's Service signed sore sourcing area testified United United States Department USDA veterinarians violation
1352. lappuse - Secretary shall take into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior offenses, ability to pay. effect on ability to continue to do business, and such other matters as justice may require.
1098. lappuse - Motion, for More Definite Statement. If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, he ;may move for a more definite statement before interposing his responsive pleading.
1354. lappuse - Except as statutes otherwise provide, the proponent of a rule or order shall have the burden of proof.
1389. lappuse - The parties, if they so intend, can conclude a contract for sale even though the price is not settled. In such a case, the price is a reasonable price at the time for delivery if (a) nothing is said as to price; or (b) the price is left to be agreed by the parties and they fail to agree; or...
1306. lappuse - If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the...
1076. lappuse - Because the relation of remedy to policy is peculiarly a matter for administrative competence, courts must not enter the allowable area of the Board's discretion and must guard against the danger of sliding unconsciously from the narrow confines of law into the more spacious domain of policy.
1021. lappuse - Section 706(2) (A) requires a finding that the actual choice made was not 'arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.' 5 USC § 706(2) (A) (1964 ed., Supp. V). To make this finding the court must consider whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment.
991. lappuse - When a court reviews an agency's construction of the statute which it administers, it is confronted with two questions. First, always, is the question whether Congress has directly spoken to the precise question at issue. If the intent of Congress is clear, that is the end of the matter, for the court, as well as the agency, must give effect to the unambiguously expressed intent of Congress.
1421. lappuse - ... specified in the notice of quarantine hereinbefore provided, and regardless of the use for which the same is intended, from any quarantined state or territory or district of the United States or quarantined portion thereof, into or through any other state or territory or district, in manner or method or under conditions other than those prescribed by the Secretary of Agriculture.
1019. lappuse - ... the price of feeds, the available supplies of feeds, and other economic conditions which affect market supply and demand, for milk or its products in the marketing area to which the contemplated marketing agreement, order, or amendment relates.