UNITED STATES DEPARTMENT OF AGRICULTURE

BEFORE THE SECRETARY OF AGRICULTURE

In re:
		AWA Docket No. 23-J-0024
	Craig Kokas, d/b/a Kokas Exotics,
	Respondent.	CONSENT DECISION AND ORDER

Appearances:

Thomas N. Bolick, Esq., and Sofia Nadri, Esq., Office of the General Counsel, United States Department of Agriculture, Washington, D.C., for the Complainant, the Administrator of the Animal and Plant Health Inspection Service (“APHIS”)

Craig A. Kokas, d/b/a Kokas Exotics, pro se Respondent

Before Channing D. Strother, Chief Administrative Law Judge

This proceeding was instituted under the Animal Welfare Act, as amended (7 U.S.C. §§ 2131-2159) (“Act” or “AWA”), by a complaint filed by the Administrator of the Animal and Plant Health Inspection Service (“Complainant”) on February 2, 2023, alleging that the Respondent Craig Kokas (“Respondent”), doing business as Kokas Exotics, violated the Act, and the regulations (9 C.F.R. §§ 1.1-2.153) (“Regulations”) and standards (9 C.F.R. §§ 3.1-3.168) (“Standards”) promulgated thereunder.  Complainant and Respondent have agreed that this proceeding should be terminated by the entry of this Consent Decision and Order (“Consent Decision”), and have thereby agreed to the following stipulations:

Respondent admits the findings of fact, as set forth herein, and specifically admits that the Secretary has jurisdiction in this matter.  Respondent neither admits nor denies the remaining allegations in the complaint; waives oral hearing and all further procedure; waives all rights to seek judicial review or otherwise challenge or contest the validity of this decision, including waiving challenges to the Administrative Law Judge’s authority to enter this decision under the Administrative Procedure Act and the Constitution of the United States; waives any action against the United States Department of Agriculture (“USDA”) under the Equal Access to Justice Act of 1980 (5 U.S.C. § 504), for fees and other expenses incurred by Respondent in connection with this proceeding; and waives any action against any USDA employee in his or her individual capacity.

            The parties consent and agree to the entry of this Consent Decision for the purpose of settling this proceeding.  This Consent Decision is entered pursuant to the consent decision provisions of the Rules of Practice applicable to this proceeding (7 C.F.R. § 1.138).

FINDINGS OF FACT

1.                   Respondent is an individual with a business mailing address of XXXXX, Prospect, Ohio 43342.

2.                   At all times material to the complaint, Respondent was a “dealer,” as that term is defined in the Act and Regulations and held AWA Class A “Breeder” License No. XXXXX. Respondent’s license expired on June 5, 2023.

CONCLUSIONS OF LAW

Respondent having admitted the findings of fact as set forth herein and the parties having agreed to the entry of this Consent Decision, such Consent Decision shall be entered.

ORDER

1.                  Respondent, either individually or through his agents and employees, successors and assigns, directly or through any corporate or other device, shall cease and desist from violating the Act, the Regulations, and/or the Standards.

2.                  AWA License No. XXXXX is hereby revoked.  Respondent shall not apply for any other AWA license hereafter.  Respondent shall permanently refrain from engaging in any activity requiring an AWA license.

The terms of this order shall become effective on the day upon which this Consent Decision is entered by the Court.

Copies of this Consent Decision shall be served on the parties.

BY:                 _______________________________

Thomas N. Bolick                                           Sofia Nadri

Attorney for Complainant                               Attorney for Complainant

BY:    

Craig Kokas

Respondent

Done at Washington, D.C.

this  29     day of        August , 2023

Tierney Carlos

Acting Chief Administrative Law Judge