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allegations of the complaint.

56 Agric. Dec. 1696

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. Thao Minh Ngo is an individual with a mailing address of 10418 N. 13th Avenue, #2, Phoenix, Arizona 85021.

2. On or about June 26, 1996, the respondent violated 9 C.F.R. § 94.4(a)(4) by importing four (4) pounds of dried beef from Vietnam into the United States without the required certificate.

Conclusion

By reason of the facts contained in paragraphs one and two above, Thao Minh Ngo, respondent, has violated 9 C.F.R. § 94.4(a)(4).

Therefore, the following order is issued.

Order

Thao Minh Ngo is hereby assessed a civil penalty of one thousand dollars ($1000). This penalty shall be payable to "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 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: MANUEL de JESUS VALDEZ-FLORES.

P.Q. Docket No. 97-0013.

Decision and Order filed September 12, 1997.

Failure to file an answer - Importation of mangoes and guavas from Mexico into the U.S. without a permit - Civil penalty.

James A. Booth, 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 fresh mangoes and guavas from Mexico to the United States (7 C.F.R. § 319.56-3 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. §151167)(Acts), and the regulations promulgated under the Acts, by a Complaint filed on May 6, 1997, by the Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture. This Complaint alleges that on or about June 26, 1996, at Los Angeles, California, respondent imported three fresh mangoes and two fresh guavas from Mexico into the United States without a permit, in violation of section 319.56-3 of the regulations (7 C.F.R. § 319.56-3).

The respondent signed for receipt of the filed Complaint on May 10, 1997. However, respondent failed to file an answer within the time prescribed in 7 C.F.R. § 1.136(a) and has not filed an answer as of the date of the filing of the motion for this Order. 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 allegation in the Complaint. Further, the failure to file an answer constitutes a waiver of hearing (7 C.F.R. § 1.139 of the Rules of Practice applicable to this proceeding (7 C.F.R. § 1.139).

Findings of Fact

1. Manuel de Jesus Valdez-Flores, herein referred to as the respondent, is an individual whose mailing address is 18023 Woodcraft, Azusa, CA 91702.

2. On or about June 26, 1996, at Los Angeles, California, respondent imported

56 Agric. Dec. 1698

three fresh mangoes and two fresh guavas from Mexico into the United States without a permit, in violation of section 319.56-3 of the regulations (7 C.F.R. § 319.56-3).

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. § 319.56-3 et seq.). Therefore, the following Order is issued.

Order

Respondent, Manuel de Jesus Valdez-Flores, 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 on the certified check or money order that payment is in reference to P.Q. Docket No. 97-0013.

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 7 C.F.R. § 1.145 of the Rules of Practice.

[This Decision and Order became final October 24, 1997.-Editor]

CONSENT DECISIONS

(Not published herein-Editor)

ANIMAL QUARANTINE and RELATED LAWS

Carl L. Churchill, Jr. A.Q. Docket No. 95-0008. 7/25/97.

Ana M. Valencia. A.Q. Docket No. 97-0004. 7/29/97.

ANIMAL WELFARE ACT

John Strong. AWA Docket No. 97-0024. 7/1/97

Burnie G. Pauley. AWA Docket No. 97-0019. 7/21/97.

Kellie S. Stephens and Teay's River Valley Ranch, Inc. AWA Docket No. 96-0016. 7/22/97

Lewis Barre and Pat Barre, d/b/a Meadowbrook Farm. AWA Docket No. 96-0060. 7/23/97.

Water Wheel Exotics, Inc. and James E. Stephens. AWA Docket No. 96-0006. 8/4/97.

Mona Hill, d/b/a Mona Hill Kennels. AWA Docket No. 95-0056. 8/8/97.

Robert T. Fieber and Dotti Martin, d/b/a Ligertown Game Farm, Inc. AWA Docket No. 97-0009. 8/8/97.

John Biggs and Carol Biggs, d/b/a Scotch Pine Exotic Game Exhibit. AWA Docket No. 96-0061. 9/22/97.

Jeanne Milewski, d/b/a American Wildlife Rescue. AWA Docket No. 95-0059. 10/7/97.

Hope Yvonne Colvin, d/b/a Rocking C Kritter Korral. AWA Docket No. 97-0043. 10/10/97.

Hawaiian Airlines. AWA Docket No. 97-0029. 10/17/97.

Hayet A. Kassar-Creek and CAMM Research Institute, Inc. AWA Docket No. 960076. 10/23/97.

Chris Loncarich and Melissa Loncarich, d/b/a Bookcliff Animal Park. AWA Docket No. 97-0023. 10/28/97.

Michael L. Kredovski and Bio-Medical Associates, Inc. AWA Docket No. 95-0035. 10/28/97.

Jean Davenport. AWA Docket No. 96-0035. 11/7/97.

Tropicana Living Things, Inc., and Joseph Hereau. AWA Docket No. 97-0044. 11/28/97.

Northeast Nebraska Zoo, also d/b/a Northeast Nebraska Zoological Society, Inc. AWA Docket No. 95-0081. 12/1/97.

Lions, Tigers and Teddy Bears-Oh My! and Thomas R. Lease. AWA Docket No. 97-0033. 12/1/97.

Village Wholesale, Inc. and Francis Englert, Jr. AWA Docket No. 97-0031. 12/3/97.

Harold Kafka, Deborah Kafka, and Scotch Plains Zoo, Inc. AWA Docket No. 970025. 12/5/97.

Bethan and I.B. (Trey) Chapman III, d/b/a Alamo Tiger Ranch. AWA Docket No. 97-0035. 12/23/97.

BEEF PROMOTION and RESEARCH ACT

Lonnie Ritter. BPRA Docket No. 95-0001. 8/26/97.

EGG RESEARCH and CONSUMER INFORMATION ACT

Wilmot Family Farm, Inc. ERCIA Docket No. 96-0002. 12/11/97.

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