ANIMAL WELFARE ACT In re: RON CLAXON, d/b/a TRI-STATE BIOMEDICAL. Decision and Order filed May 13, 1997. Admission of material allegations - Failure to individually identify dogs - Failure to maintain complete records - Failure to maintain programs of disease control and prevention, enthanasia, and adequate veterinary care - Failure to maintain premises in good repair and clean and free of clutter and trash - Failure to maintain an effective program of pest control - Failure to maintain an exercise program - Failure to provide food and water - Failure to remove excreta - cease and desist order - Civil penalty - Disqualification. James D. Holt, for Complainant. Respondent, Pro se. Decision and Order issued by Dorothea A. Baker, Administrative Law Judge. Preliminary Statement This is an administrative proceeding for an order requiring the Respondent to cease and desist from violating the Animal Welfare Act, as amended (7 U.S.C. § 2131 et seq.)(Act); the assessment of civil penalties in accordance with section 19 of the Act (7 U.S.C. § 2149); and the disqualification of Respondent to become licensed under the Act. This proceeding was instituted by a complaint filed against the Respondent on April 11, 1995, by the Administrator, Animal and Plant Health Inspection Service, United States Department of Agriculture. On April 29, 1997, the Honorable Dorothea A. Baker, Administrative Law Judge, set the hearing by personal attendance on May 13, 1997, at the Administrative Law Judges' Hearing Room, Room 1079, United States Department of Agriculture, South Building, 1400 Independence Avenue, S.W., Washington, D.C. 20250. The hearing was called to order on May 13, 1997. Having been duly notified of the time and place of the hearing, Respondent failed, without good cause, to appear at the hearing. Pursuant to section 1.141(e) of the rules of practice (7 C.F.R. § 1.141(e)), a respondent who, after being duly notified, fails to appear at the hearing without good cause, is deemed to have waived the right to an oral hearing in the proceeding. Section 1.141(e) further provides that such failure by a respondent also constitutes an admission of all the material allegations of fact contained in the complaint. By Respondent's failure to appear at the hearing, Respondent has admitted the allegations of the complaint. Accordingly, the material allegations alleged in the Complaint are adopted and 56 Agric. Dec. 1672 set forth herein as the Findings of Fact, and this Decision is issued pursuant to sections 1.139 and 1.141(e) of the rules of practice applicable to this proceeding. (7 C.F.R. §§ 1.139, 1.141(e)). Finding of Fact 1. Ron Claxon, doing business as Tri-State Biomedical, is an individual whose address is Post Office Box 331, Garrison, Kentucky 41141. 2. The Respondent, at all times material herein, was licensed and operating as a dealer as defined in the Act and the regulations. 3. When the Respondent became licensed and annually thereafter, he received copies of the Act and the regulations and standards issued thereunder and agreed in writing to comply with them. 4. 5. On June 17, 1993, Respondent failed to individually identify dogs. On June 17, 1993, Respondent failed to maintain complete records showing the acquisition, disposition, and identification of animals. 6. On June 17, 1993, Respondent failed to maintain programs of disease control and prevention, euthanasia, and adequate veterinary care under the supervision and assistance of a doctor of veterinary medicine and failed to provide veterinary care to animals in need of care. 7. On June 17, 1993, the Respondent failed to develop, document, and follow an appropriate plan approved by the attending veterinarian to provide dogs with the opportunity to exercise. 8. On June 17, 1993, Respondent's premises including buildings and surrounding grounds, were not kept in good repair, and clean and free of trash, junk, waste, and discarded matter, and weeds, grasses and bushes were not controlled, in order to protect the animals from injury, facilitate the required husbandry practices. 9. On June 17, 1993, Respondent did not have and maintain an effective program for the control of pests so as to promote the health and well-being of the animals and reduce contamination by pests in animal areas. 10. On January 12 and 13, 1993, Respondent failed to feed dogs at least once each day. 11. On January 12 and 13, Respondent failed to offer dogs water at least twice each day. 12. On January 12 and 13, Respondent failed to removed excreta and food waste from primary enclosures daily, to prevent soiling of the dogs and to reduce disease hazards, insects, pests and odors. Conclusion By reason of the facts contained in the Findings of Fact above, the Respondent has violated the Act and the regulations (7 U.S.C. §§ 2140, 2141, 9 C.F.R. §§ 2.40, 2.50, 2.75(a)(1), 2.100(a), 3.8, 3.9(a), 3.10, 3.11 (a)(c)(d)). Therefore, the following Order is issued. 1. Order Respondent, his agents and employees, successors and assigns, directly or through any corporate or other device, shall cease and desist from violating the Act and the regulations and standards issued thereunder. 2. Respondent is assessed a civil penalty of $6,000. a. Respondent shall pay $600 by certified check or money order made payable to the Treasurer of the United States within 90 days of service of this Order, and shall be forwarded to: b. United States Department of Agriculture APHIS Field Servicing Office Accounting Section Butler Square West, 5th Floor 100 North Sixth Street Minneapolis, Minnesota 55403 Payment of remaining $5,400 of the civil penalty is hereby suspended as long as Respondent complies with the Animal Welfare Act and the regulations promulgated thereunder. 3. The Respondent is disqualified for a period of ten years from becoming licensed under the Act and regulations. The disqualification provisions of this order shall be effective thirty (30) days after the date of service of this order on 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). The cease and desist provisions shall become effective on the day after service of this Order on Respondent. 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. § 56 Agric. Dec. 1675 1.145). [This Decision and Order became final July 1, 1997.-Editor] 1675 In re: FRANCIS CORL. AWA Docket No. 96-0036. Decision and Order filed June 27, 1997. Failure to file an answer - Failure to handle animal so as to minimize risk of harm to animal and public - Cease and desist order - License disqualification - Civil penalty. Robert Ertman, for Complainant. Respondent, Pro se. Decision and Order issued by Victor W. Palmer, Chief Administrative Law Judge. Preliminary Statement This proceeding was instituted under the Animal Welfare Act ("Act"), as amended (7 U.S.C. § 2131 et seq.), by a complaint filed by the Administrator, Animal and Plant Health Inspection Service, United States Department of Agriculture, alleging that the respondent willfully violated the regulations issued under the Act. A copy of the complaint and the Rules of Practice governing proceedings under the Act, 7 C.F.R. §§ 1.130-1.151, were served on the respondent by certified mail. Respondent was informed in the letter of service that an answer should be filed pursuant to the Rules of Practice and that failure to answer any allegation in the complaint would constitute an admission of that allegation. Respondent has failed to file an answer within the time prescribed in the Rules of Practice, and the material facts alleged in the complaint, which are admitted as set forth herein by respondent's failure to file an answer, are adopted and set forth herein as Findings of Fact and Conclusions of Law. This decision and order, therefore, is issued pursuant to section 1.139 of the Rules of Practice, 7 C.F.R. § 1.139. Findings of Fact and Conclusions of Law 1. Francis Corl, hereinafter referred to as respondent, is an individual whose address is 2401 E 2800 N, Prophetstown, Illinois 21277. 2. The respondent, at all times material herein, was licensed and operating as a dealer as defined in the Act and the regulations. The respondent's license expired on February 8, 1995. 3. When the respondent became licensed and annually thereafter, he received copies of the Act and the regulations and standards issued thereunder and agreed in writing to comply with them. 4. On or about June 13, 1993 the respondent failed to handle a dangerous animal (a black bear) so that there was a minimal risk of harm to the animal and to the public, in willful violation of section 2.131(b)(1) of the regulations (9 C.F.R. § 2.131(b)(1)), by allowing an intoxicated person to have physical contact with the bear while it was being unloaded from a transport enclosure, resulting in an attack by the bear. 5. On or about September 25, 1993 the respondent failed to handle a dangerous animal (a black bear) so that there was a minimal risk of harm to the animal and to the public, in willful violation of section 2.131(b)(1) of the regulations (9 C.F.R. § 2.131(b)(1)), by handling the bear while intoxicated and allowing intoxicated persons to have physical contact with the bear while it was outside its enclosure, resulting in an attack by the bear. Conclusions 1. The Secretary has jurisdiction in this matter. 2. The following Order is authorized by the Act and warranted under the circumstances. Order 1. Respondent, his agents and employees, successors and assigns, directly or through any corporate or other device, shall cease and desist from violating the Act and the regulations and standards issued thereunder. 2. Respondent is disqualified from becoming licensed under the act and regulations for ten years. 3. Respondent is assessed a civil penalty of $5,000, which is suspended provided that the respondent does not violate the Act, the regulations and standards issued thereunder, or this order, by operating as an exhibitor or dealer without being licensed. The provisions of this order shall become effective on the first day after this decision becomes final. Pursuant to the Rules of Practice, this decision becomes final without further proceedings 35 days after service as provided in section 1.142 and 1.145 of the Rules of Practice, 7 C.F.R. §§ 1.142 and 1.145. Copies of this decision shall be served upon the parties. |