Agriculture Decisions: Decisions of the Secretary of Agriculture Under the Regulatory Laws Administered in the United States Department of Agriculture, Volume 52, Part 1U.S. Government Printing Office, 1993 - Agricultural laws and legislation Up to 1988, the December issue contained a cumulative list of decisions reported for the year, by act, docket numbers arranged in consecutive order, and cumulative subject-index, by act. |
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100 North Sixth 47 Agric 52 Agric Accounting Section Butler Administrative Law Judge aff'd amended 7 U.S.C. APHIS Field Servicing appeal assessed a civil brucellosis Butler Square West cattle certified check check or money civil penalty Complainant's court days after service Decision and Order Department of Agriculture failure to file Field Servicing Office file an answer final and effective Findings of Fact Floor 100 North Health Inspection Service hereby assessed Horse Protection Act horse was sore HPA Docket Initial Decision Judicial Officer pursuant marketing orders money order Office Accounting Section Order issued P.Q. Docket palpation plaintiffs Plant Health Inspection Practice 7 C.F.R. Pro se pursuant to section regulations 9 C.F.R. Respondent failed Respondent's Rules of Practice San Elizario Secretary Section Butler Square Servicing Office Accounting Sixth Street Minneapolis Tennessee Walking Horse United States Department USDA veterinarians violated section violated the Act
Popular passages
Page 106 - Except in cases of willfulness or those in which public health, interest, or safety requires otherwise, no withdrawal, suspension, revocation, or annulment of any license shall be lawful unless, prior to the institution of agency proceedings therefor, facts or conduct which may warrant such action shall have been called to the attention of the licensee by the agency in writing and...
Page 218 - If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the...
Page 10 - If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the Secretary with directions either (1) to make such ruling as the court shall determine to be in accordance with law, or (2) to take such further proceedings as, in its opinion, the law requires.
Page 217 - Secretary shall take into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice may require.
Page 11 - Section 706(2) (A) requires a finding that the actual choice made was not 'arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.' 5 USC § 706(2) (A) (1964 ed., Supp. V). To make this finding the court must consider whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment.
Page 144 - The Commission shall have authority to assess all civil penalties provided in this section, giving due consideration to the appropriateness of the penalty with respect to the size of the business of the employer being charged, the gravity of the violation, the good faith of the employer, and the history of previous violations.
Page 158 - Any person who violates any provision of this title or of any permit or regulation issued thereunder may be assessed a civil penalty by the Secretary of not more than $10,000 for each such violation.
Page 11 - Although this inquiry into the facts is to be searching and careful, the ultimate standard of review is a narrow one. The court is not empowered to substitute its judgment for that of the agency.
Page 87 - All evidence," said Lord Mansfield in Blatch v. Archer, (Cowper, 63, 65,) " is to be weighed according to the proof which it was in the power of one side to have produced and in the power of the other side to have contradicted.