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hearing, pursuant to section 1.139 of the Rules of Practice (7 C.F.R. 1.139). This Default Decision and Order, therefore, is issued, pursuant to section 1.136 and 1.139 of the rules of practice (7 C.F.R. 1.136 and 1.139).

Accordingly, the material facts alleged in the complaint, which respondent is deemed to have admitted, are adopted and set forth herein as the Findings of Fact.

Findings of Fact

1. Sergio Arturo Canales, hereinafter referred to as the respondent, is an individual whose mailing address is 150 West 54th Street, Los Angeles, California 90012.

2. On or about November 30, 1994, the respondent imported mangoes from Guatemala into the United States in violation of 7 C.F.R. 319.56-2(e), because the respondent did not obtain a permit for the mangoes, as required.

Conclusion

By reason of the facts in the Findings of Fact set forth above, the respondent has violated the Act and section 319.56-2(e) of the regulations (7 C.F.R. 319.56-2(e)). Therefore, the following Order is issued:

Order

The respondent, Sergio Arturo Canales, is hereby assessed a civil penalty of seven hundred and fifty dollars ($750.00), which shall be made payable to the "TREASURER OF THE UNITED STATES" by a certified check or money order, and shall be forwarded to:

U.S. Department of Agriculture
APHIS Field Servicing Office
Accounting Section

P.O. Box 3334

Minneapolis, MN 55403

within thirty (30) days from the effective date of this Order. The respondent shall indicate on the certified check or money order that payment is in reference to P.Q. Docket No. 95-40.

This Order shall have the same force and effect as if entered after a full hearing and shall be final and effective 35 days after service of this Decision and Order upon

56 Agric. Dec. 1693

the 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 August 10, 1997.-Editor]

In re: FERMIN RIVERA-TORRES and MIGUEL PALLENS.
P.Q. Docket No. 97-0002.

Decision and Order as to Miguel Pallens filed July 2, 1997.

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Movement of untreated mangoes from Puerto Rico to Boston and

Failure to file an answer
Philadelphia - Civil penalty.

James D. Holt, 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 Plant Quarantine Act of August 20, 1912, as amended (7 U.S.C. §§ 151-167), the Federal Plant Pest Act, as amended (7 U.S.C. §§ 150aa-150jj)(Acts), and regulations promulgated thereunder (7 C.F.R. § 318.58 et seq.)(regulations).

This proceeding was instituted by a complaint filed against the respondents on October 29, 1996, by the Administrator, Animal and Plant Health Inspection Service, United States Department of Agriculture. Respondent Pallens has not filed an answer to date. Pursuant to section 1.136(c) of the rules of practice (7 C.F.R. § 1.136(c)), failure to deny or otherwise respond to the allegations in the complaint constitutes, for the purposes of this proceeding, an admission of said allegations. By respondent Pallens' failure to answer, respondent Pallens has admitted the allegations of the complaint.

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).

1.

Finding of Fact

Miguel Pallens is an individual with a mailing address of HC-02 box 8193, Quebradillas, Puerto Rico 00678.

2. On April 10, 1995, respondent Pallens moved untreated mangoes from Puerto Rico to Boston, Massachusetts.

3. On April 10, 1995, respondent Pallens moved untreated mangoes from

Puerto Rico to Philadelphia, Pennsylvania.

Conclusion

By reason of the facts contained in the Findings of Fact above, respondent Pallens has violated the Act and the regulations (7 C.F.R. § 318.58-2(b)). Therefore, the following Order is issued.

Order

Miguel Pallens is hereby assessed a civil penalty of two thousand dollars ($2,000.00). 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

Butler Square West, 5th Floor

100 North Sixth Street

Minneapolis, Minnesota 55403

within thirty (30) days from the effective date of this Order. The certified check or money order should include the docket number of this proceeding.

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 September 10, 1997.-Editor]

In re: FERMIN RIVERA-TORRES and MIGUEL PALLENS.

P.Q. Docket No. 97-0002.

Decision and Order as to Fermin Rivera-Torres filed July 2, 1997.

Failure to file an answer - Movement of untreated mangoes from Puerto Rico to Philadelphia and Boston - Civil penalty.

56 Agric. Dec. 1694

James D. Holt, 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 Plant Quarantine Act of August 20, 1912, as amended (7 U.S.C. §§ 151-167), the Federal Plant Pest Act, as amended (7 U.S.C. §§ 150aa-150jj)(Acts), and regulations promulgated thereunder (7 C.F.R. § 318.58 et seq.)(regulations). This proceeding was instituted by a complaint filed against the respondents on October 29, 1996, by the Administrator, Animal and Plant Health Inspection Service, United States Department of Agriculture. Respondent Rivera-Torres has not filed an answer to date. Pursuant to section 1.136(c) of the rules of practice (7 C.F.R. § 1.136(c)), failure to deny or otherwise respond to the allegations in the complaint constitutes, for the purposes of this proceeding, an admission of said allegations. By respondent Rivera-Torres' failure to answer, respondent RiveraTorres has admitted the allegations of the complaint.

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).

1.

Finding of Fact

Fermin Rivera-Torres is an individual with a mailing address of Calle Betanes #F-9 Urb. San Fernando, Bayamon, Puerto Rico 00959.

2. On April 10, 1995, respondent Rivera-Torres moved untreated mangoes from Puerto Rico to Boston, Massachusetts.

3. On April 10, 1995, respondent Rivera-Torres moved untreated mangoes from Puerto Rico to Philadelphia, Pennsylvania, in violation of the Acts and the regulations.

Conclusion

By reason of the facts contained in the Findings of Fact above, respondent Rivera-Torres has violated the Act and the regulations (7 C.F.R. § 318.58-2(b)). Therefore, the following Order is issued.

Order

Fermin Rivera-Torres is hereby assessed a civil penalty of two thousand dollars

($2,000.00). 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

Butler Square West, 5th Floor

100 North Sixth Street

Minneapolis, Minnesota 55403

within thirty (30) days from the effective date of this Order. The certified check or money order should include the docket number of this proceeding.

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 September 10, 1997.-Editor]

In re: THAO MINH NGO.

P.Q. Docket No. 97-0010.

Decision and Order filed July 29, 1997.

Failure to file an answer - Importation of dried beef from Vietnam into the United States without the required certificate - Civil penalty.

Howard Levine, 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 Act of February 2, 1903, as amended (21 U.S.C. § 111), and the regulations promulgated thereunder (9 C.F.R. § 94 et seq.).

This proceeding was instituted by a complaint filed against Thao Minh Ngo, respondent, on March 6, 1997, by the Acting Administrator, Animal and Plant Health Inspection Service, United States Department of Agriculture. Respondent has not filed an answer to date. Pursuant to section 1.136(c) of the rules of practice (7 C.F.R. § 1.136(c)), failure to deny or otherwise respond to the allegations in the complaint constitutes, for the purposes of this proceeding, an admission of said allegations. By respondent's failure to answer, respondent has admitted the

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