Federal
Displaying 391 - 400 of 1083
Title |
Summary |
|---|---|
| IN RE: S.S. FARMS LINN COUNTY, INC., JAMES W. HICKEY, MARIE HICKEY, JAMES JOSEPH HICKEY AND SHANNON HANSEN |
Reliance is to be no longer placed on "severe" sanction policy set forth in prior decisions; rather, sanction in each case will be determined by examining nature of violations in relation to remedial purposes of regulatory statute involved, along with all relevant circumstances, always giving appropriate weight to recommendations of administrative officials charged with responsibility for achieving congressional purpose. |
| In re: SAMUEL ZIMMERMAN |
Proof of respondent's willful violations of Animal Welfare Act and regulations and standards is not necessary for revocation or suspension of respondent's license where respondent received notice in writing of facts or conduct that might warrant suspension or revocation of his license, and respondent had opportunity to achieve compliance with requirements of Act and regulations and standards. |
| IN RE: SEMA, INC. |
Inspectors have considerable discretion in selecting their methods of inspection and way in which they document their observations, and photographic documentation obtained during normal business hours in reasonable manner that does not disrupt ongoing research must be construed as within boundaries of such discretion; interference with inspectors' reasonable efforts to take photographs to enhance inspection violates § 2146(a). |
| IN RE: STEVEN M. SAMEK AND TRINA JOANN SAMEK |
Respondent who is unable to afford attorney has no right to have counsel provided by government in disciplinary administrative proceedings conducted under Animal Welfare Act. |
| IN RE: TERRY LEE HARRISON AND PAMELA SUE HARRISON, RESPONDENTS |
Willful violation is defined as one where violator either intentionally does act which is prohibited, irrespective of evil motive or reliance on erroneous advice, or acts with careless disregard of statutory requirements. |
| In re: Tri-State Zoological Park of Western Maryland, Inc. | Mr. Candy started Tri-State, a zoo, in 2002 as a way to provide his children and other members of the community in Cumberland, Maryland, with an entertaining and educational activity. However, several violations of the Animal Welfare Act led to a cease and desist order and a 45 day suspension of the zoo’s license. |
| In re: VANISHING SPECIES WILDLIFE INC. | An Administrative Law Judge issued a cease and desist order against Vanishing Species, Inc for violations of the Animal Welfare Act. The ALJ also revoked the organization’s license and assessed civil penalties. Facts that led to these sanctions include: Respondent housing animals at a site without notifying APHIS of the location; a storm interfering with the air conditioning system that cooled a building that housed animals owned by Respondent, and because the system did not correct itself and Respondent did not provide an alternate cooling system or verify the health of the animals, at least one animal died; Respondent not having a currently signed program of veterinary care on February 4, 201; a wooden frame surrounding the water tub in the bear enclosure was in disrepair; the wooden horizontal support beam for the bear enclosure was cracked; and the vertical metal support next to the door of the skunk enclosure had exposed jagged edges that were accessible to animals. |
| In re: VOLPE VITO, INC., d/b/a FOUR BEARS WATER PARK AND RECREATION AREA |
While corrections are to be encouraged and may be taken into account when determining sanction to be imposed, even immediate correction of violation does not operate to eliminate fact that violation occurred and does not provide basis for dismissal of alleged violation. |
| In re: WILLIAM JOSEPH VERGIS |
Except as provided in 9 CFR § 2.11, neither Animal Welfare Act (7 USCS §§ 2131 et seq.) nor regulations issued under Act specifically provide for order prohibiting person who is unlicensed from obtaining license; nevertheless, Act provides that Secretary has general authority to promulgate such "orders," as well as such rules and regulations, as may be necessary to effectuate purposes of Act (7 USCS § 2151), which means that Secretary does have power to order that unlicensed person who violates Act, or regulations or standards under Act, be barred from licensure. |
| IN RE: ZOOLOGICAL CONSORTIUM OF MARYLAND, INC., AND RICHARD HAHN. |
Exhibitor who engaged in recurring pattern of noncompliance with standards governing structural strength, food storage, ventilation, maintenance of facilities and enclosures, cleaning, housekeeping and interior building surfaces, but who made good faith effort to achieve compliance, is properly sanctioned with $1000 civil penalty, 20-day suspension, and cease and desist order. |