Conclusion

By reason of the Findings of Fact set forth above, the respondent has violated the Acts and the regulations issued under the Acts (7 C.F.R. § 330.111). 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 P.Q. Docket No. 93105.

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 December 12, 1994.-Editor]

'The respondent has failed to deny any of the material allegations of the complaint. Under the Rules of Practice applicable to this proceeding, the Department is not required to hold a hearing. Therefore, the civil penalty requested is reduced by one-half in accordance with the Judicial Officer's Decisions in In re: Shulamis Kaplinsky, 47 Agric. Dec. 613 (1988) and In re: Richard Duran Lopez, 44 Agric. Dec. 2201 (1985).

53 Agric. Dec. 1563

In re: JOSE ANGEL SANCHEZ HERNANDEZ.

P.Q. Docket No. 93-104.

Decision and Order filed November 18, 1994.

Failure to file timely answer - Importation of apples from Mexico - Civil penalty.

Lance T. Mason, 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 importation of fruits 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 Federal Plant Pest Act, as amended (7 U.S.C. §§ 150aa-150jj), the Plant Quarantine Act, as amended (7 U.S.C. §§ 151-167) (Acts), and the regulations promulgated under the Acts, by a complaint filed on May 12, 1993, by the Acting Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture. The complaint alleges that on or about August 26, 1992, respondent imported four fresh apples from Mexico into the United States at the San Ysidro Border Station, California, in violation of 7 C.F.R. § 319.56(c) which prohibits entry of such fruit into the United States without a permit issued in accordance with 7 C.F.R. § 319.56-2(e) and 319.56-3 et seq.

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. Jose Angel Sanchez Hernandez is an individual whose mailing address is 2718 E. Washington St., Long Beach, CA 90810.

2. On or about August 26, 1992, respondent imported four fresh apples

from Mexico into the United States at the San Ysidro Border Station, California, in violation of 7 C.F.R. § 319.56(c) which prohibits entry of such fruit into the United States without a permit issued in accordance with 7 C.F.R. § 319.56-2(e) and 319.56-3 et seq.

Conclusion

By reason of the Findings of Fact set forth above, the respondent has violated the Acts and the regulations issued under the Acts (7 C.F.R. § 319.56 et seq.). Therefore, the following Order is issued.

Order

The respondent is hereby assessed a civil penalty of two hundred and fifty dollars ($250.00)'. 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 P.Q. Docket No. 93104.

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 December 30, 1994.-Editor]

'The respondent has failed to file an answer within the prescribed time, and, under the Rules of Practice applicable to this proceeding, the Department is not required to hold a hearing. Therefore, the civil penalty requested is reduced by one-half in accordance with the Judicial Officer's Decisions in In re: Shulamis Kaplinsky, 47 Agric. Dec. 613 (1988) and In re: Richard Duran Lopez, 44 Agric. Dec. 2201 (1985).

CONSENT DECISIONS

(Not published herein.-Editor)

ANIMAL QUARANTINE ACT AND RELATED LAWS

Albert Gee. A.Q. Docket No. 93-53. 8/2/94.

Charles Bond. A.Q. Docket No. 94-30. 8/16/94.

Murphy & Hinnant Trucking. A.Q. Docket No. 94-38. 8/18/94.

Hiep Thanh Nguyen. A.Q. Docket No. 93-03. 10/13/94

Larry Coffman. A.Q. Docket No. 93-33. 11/23/94.

ANIMAL WELFARE ACT

1565

Jerry Vance. AWA Docket No. 93-42. 7/5/94.

Gabriel Davidson. AWA Docket No. 94-2. 7/18/94.

Cleo Bledsoe, dba Bledsoe's Kennel. AWA Docket No. 94-01. 8/5/94.

Robert Reichert and Peggy Reichert, dba Thompson Valley Wildlife Park. AWA Docket 92-07. 8/10/94.

William C. Roberts and Pauline B. Roberts, dba Misty Meadow Kennels. AWA Docket No. 93-24. 8/12/94.

Fisons Corporation. AWA Docket No. 95-03. 12/28/94.

BEEF PROMOTION AND RESEARCH ACT

Carly Winscher. BPRA Docket No. 94-2. 12/8/94.

FEDERAL MEAT INSPECTION ACT

Empire Packing Company, Inc. FMIA Docket No. 94-4. 9/26/94.

Abbyland Processing, Inc., also dba Abbyland, Abbyland Inc., Abbyland Foods, and Abbyland Foods, Inc. FMIA Docket No. 94-5/PPIA Docket No. 94-3. 10/24/94.

Empire Packing Company, Inc. FMIA Docket No. 94-4. 11/15/94.

HORSE PROTECTION ACT

Cheryl Dailey. HPA Docket No. 94-15. 7/6/94.

Ronal Young. HPA Docket No. 93-10 & 94-5. 7/12/94.

George L. Zamora. HPA Docket No. 94-9. 8/9/94.

William Beam. HPA Docket No. 94-3. 8/9/94.

Lester Tackett. HPA Docket No. 94-52. 8/11/94.

Jeff Hurst. HPA Docket No. 94-15. 8/3/94.

Derek Blain Bonner. HPA Docket No. 94-21. 9/19/94.

Andy Croxall. HPA Docket No. 94-26. 9/19/94.

Kenneth Hall. HPA Docket No. 94-27. 9/28/94.