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56 Agric. Dec. 1666

P.O. Box 3742, Laredo, TX 78044.

2. On or about February 1, 1995, respondent moved approximately three horses from Anahuac, Coahila, Mexico to Rio Bravo, Texas, in violation of the Act and the regulations specified below:

A. The horses were not entered into the United States at a designated land border port (9 C.F.R. $$ 92.303(a) and 92.303(c));

B. The horses were not inspected at a port of entry, as required (9 C.F.R. $ 92.306);

C. The horses were not accompanied by a certificate of a salaried veterinary officer of the national government of the country of origin or by a certificate issued by a veterinarian accredited by the National Government of Mexico and endorsed by a full-time salaried veterinary officer of the National Government of Mexico (9 C.F.R. & 92.314); and

D. The horses were not quarantined, as required (9 C.F.R. & 92.324).

Conclusion

By reason of the facts contained in the Findings of Fact above, the respondent has violated 9 C.F.R. $$ 92.303(a), 92.303(c), 92.306, 92.314, and 92.324. Therefore, the following Order is issued.

Order

The respondent is hereby assessed a civil penalty of two thousand dollars ($2,000). This penalty shall be payable to the "Treasurer of the United States" by certified check or money order, and shall be forwarded to:

United States Department of Agriculture
APHIS Field Servicing Office
Accounting Section
P.O. Box 3334
Minneapolis, Minnesota 55403

within thirty (30) days from the effective date of this Order. Respondent shall indicate that payment is in reference to A.Q. Docket No. 97-01.

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 October 13, 1997.-Editor)

In re: EUGENE T. COCHRAN.
A.Q. Docket No. 97-0005.
Decision and Order filed July 29, 1997.

Failure to file an answer - Movement interstate of one Equine Infectious Anemia reactor mule Civil penalty.

Darlene M. Bolinger, for Complainant.
Respondent, Pro se.
Decision and Order issued by Dorothea A. Baker, Administrative Law Judge.

This is an administrative proceeding for the assessment of a civil penalty for a violation of the regulations governing the movement interstate of one Equine Infectious Anemia reactor mule (9 C.F.R. $ 75.4 et seq.), hereinafter referred to as the regulations, in accordance with the Rules of Practice in 7 C.F.R. $ 1.130 et seq.

This proceeding was instituted under section 2 of the Act of February 2, 1903, as amended (21 U.S.C. § 111)(Act) and the regulations promulgated thereunder, by a complaint filed on January 2, 1997, by the Acting 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. Eugene T. Cochran is an individual whose mailing address is 1900, Highway 82 North, Jefferson, Georgia 30549. 2. On or about November 4, 1995, respondent moved interstate one Equine

, Infectious Anemia reactor mule from Roanoke, Alabama, in violation of § 75.4(b) of the regulations (9 C.F.R. $ 75.4(b), because the animal, which was moving under

56 Agric. Dec. 1669

permit to slaughter, was diverted to a farm in Washington, Georgia.

Conclusion

By reason of the Findings of Fact set forth above, the respondent has violated the Act and the regulations issued under the Act (9 C.F.R. S 75.4 et seq.). Therefore, the following Order is issued.

Order

The respondent is hereby assessed a civil penalty of one thousand dollars ($1,000.00). 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 A.Q. Docket No. 97-0005.

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 October 13, 1997.-Editor)

In re: HO PHI NGUYEN.
A.Q. Docket No. 97-0008.
Decision and Order filed September 26, 1997.

Failure to file an answer - Importation of dried beef jerky and cured pork sausages from Thailand or Vietnam without required certificate - Civil penalty.

Sheila Hogan Novak, 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

'a violation of the regulations governing the importation into the United States of ruminants, swine or the fresh, chilled, or frozen meat of any swine originating in any country where rinderpest or foot-and-mouth disease exists (9 C.F.R. § 94 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 by a complaint filed on March 25, 1997, by the Acting Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture. This complaint alleged that on or about May 3, 1996, the respondent imported into the United States, approximately two (2) pounds of dried beef jerky and two (2) pounds of cured pork sausages from Vietnam or Thailand, in violation of 9 C.F.R. $ 94.4 (a)(4) because the meat products were not accompanied by a certificate issued by an official of the national government of the country of origin, as required. 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 $ 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 alleged in the complaint are adopted and set forth herein 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. Ho Phi Nguyen is an individual whose mailing address is 3100 East Park Row, Apt. L108, Arlington, TX 76010.

2. On or about May 3, 1996, the respondent imported into the United States, approximately two (2) pounds of dried beef jerky and two (2) pounds of cured pork sausages from Vietnam or Thailand, in violation of 9 C.F.R. & 94.4 (a)(4) because the meat products were not accompanied by a certificate issued by an official of the national government of the country of origin, as required.

Conclusion

By reason of the facts contained in the Findings of Fact above, the respondent has violated 9 C.F.R. $ 94.4. Therefore, the following Order is issued.

56 Agric. Dec. 1669

Order

The respondent is hereby assessed a civil penalty of three hundred seventy five dollars ($ 375.00).' 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 55403
Minneapolis, Minnesota 55403.

Respondent shall indicate that payment is in reference to A.Q. Docket No. 97-008.

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 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 November 18, 1997.-Editor)

'Inasmuch as the respondent has failed to file an answer, and, therefore, the Department is not required to hold a hearing, the civil penalty requested is reduced by one-half in accordance with the Judicial Officer's Decisions in In re: Ricky Bobo, 49 Agric. Dec. 849 (1990).

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