Federal

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In re: MARJORIE WALKER, d/b/a LINN CREEK KENNEL


Judicial Officer affirmed the Administrative Law Judge's decision that Marjorie Walker, d/b/a Linn Creek Kennel, violated the regulations of the Animal Welfare Act. The Judicial Officer stated that the Animal Welfare Act provides factors that must be considered when deciding the amount of civil penalty, and that the ability to pay the penalty is not a factor. Respondent was ordered to cease and desist from violating the regulations and standards, pay a $14,300 civil penalty, and the license was revoked .
IN RE: MARLIN U. ZARTMAN D/B/A GILBERTSVILLE SALES STABLES.
Secretary is authorized to promulgate standards applicable to operator of auction sale as to care, treatment, housing, feeding, watering, and sanitation of animals, since literal language of 7 USCS § 2142 and its legislative history gives Secretary broad authority to impose on auction operator standards of humane handling of all animals subject to Animal Welfare Act, and although construing word "handling" in § 2143 broad enough to include those areas would nullify significance and effect of additional terms, contemporaneous construction of Act by administrative officials charged with responsibility for achieving congressional purpose of ensuring humane care and treatment of animals indicates Secretary has authority to impose such standards on auction operators.
IN RE: MARY BRADSHAW


This is a disciplinary proceeding under the Animal Welfare Act, as amended (7 U.S.C. s 2131 et seq.), and the regulations issued thereunder (9 C.F.R. s 1.1 et seq.). On January 29, 1991, Administrative Law Judge James W. Hunt (ALJ) issued an Initial Decision and Order assessing a civil penalty of $10,000, and directing respondent to cease and desist from violating the Act, regulations and standards, and, in particular, to cease and desist from engaging in any activity for which a license is required without holding a valid license. The court held that a suspension order may be issued where violation occurred while respondent was not licensed.
IN RE: MICHEAL McCALL AND KATHY McCALL
This opinion held that the USDA may impose sanctions even if respondent dealer is not licensed. Respondents were operators of kennel facilities in Washington, Kansas, and in nearby Reynolds, Nebraska. In 1991 and 1992, Respondents each applied for dealer's licenses under the Act and both were denied. The Judicial Officer affirmed that part of the Order by Judge Bernstein (ALJ) assessing civil penalties of $7,500, and ordering Respondents to cease and desist from engaging in any activity for which a license is required without being licensed, and failing to maintain their facilities in accordance with the regulations and standards involving housing, shelter, veterinary care, records, sanitation, cleaning, food, and water. However, the Judicial Officer increased from 1 year to 10 years the period in which Respondents are disqualified from becoming licensed under the Act and regulations.
In re: OTTO BEROSINI.
Congress has authority under Commerce Clause (Art I, § 8, cl 3) to give Department of Agriculture authority to regulate interstate activities within purview of Animal Welfare Act (7 USCS §§ 2131 et seq.), including activities of animal exhibitors.
In re: PATRICK D. HOCTOR



Sanction in each case is to be determined by examining nature of violations in relation to remedial purposes of regulatory statute involved, along with all relevant circumstances, giving appropriate weight to recommendations of administrative officials having responsibility for achieving congressional purpose.
IN RE: PET PARADISE, INC.
Where complaint advised respondent of exact matters at issue, there is no basis for dismissing any allegations of complaint merely because they failed to specify subsections of regulations or standards involved in some of alleged violations. Formalities of court pleading are not applicable in administrative proceedings. Findings of fact need only be supported by a preponderance of the evidence. A violation is willful if the person intentionally does an act which is prohibited or acts with careless disregard of statutory requirements.
In re: PETER A. LANG, d/b/a SAFARI WEST
Proof of willfulness is not prerequisite to concluding that respondent violated Animal Welfare Act or assessing civil penalty or issuing cease and desist order.
In re: RONALD DeBRUIN
Respondent's failure to file timely answer or deny allegations of complaint constitutes admission of allegations in complaint and waiver of hearing.
IN RE: RONNIE FAIRCLOTH AND JR's AUTO & PARTS, INC.
Individual who owned auto parts company, and who kept exotic animals on premises (allegedly as pets), was exhibitor for purposes of Act, even though economic benefit to him from exhibiting animals to public was de minimis, because individual's activities were in commerce.

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