UNITED STATES DEPARTMENT OF AGRICULTURE BEFORE THE SECRETARY OF AGRICULTURE

 

 

In re:

 

 

Happy Valley Livestock, LLC

 

Bill Chase

 

P&S Docket No. 24-J-0036

 

P&S Docket No. 24-J-0037

 

 

Respondents

Consent Decision and Order

 

 

 

 

This proceeding was instituted under the Packers and Stockyards Act, 1921, as amended and supplemented (7 U.S.C. § 181 et seq.) (Act), by a Complaint filed by the Deputy Administrator, Fair Trade Practices Program, Agricultural Marketing Service (AMS), United States Department of Agriculture, alleging that the Respondents willfully violated the Act and the regulations promulgated thereunder (9 C.F.R. § 201.1 et seq.).  This decision is entered pursuant to the consent decision provision of the Rules of Practice applicable to this proceeding (7 C.F.R. § 1.138).

            Respondents admit the jurisdictional allegations in the complaint and specifically admit that the Secretary has jurisdiction in this matter, admit the remaining allegations as set forth herein as findings of fact and conclusions of law, waive oral hearing and further procedure, waive all rights to seek judicial review and otherwise challenge or contest the validity of this decision, including waiving challenges to the Administrative Law Judge’s authority to enter this Decision and Order under the Administrative Procedure Act and the Constitution of the United States, and waive any action against the United States Department of Agriculture under the Equal Access to Justice Act of 1980 (5 U.S.C. § 504 et seq.) for fees and other expenses incurred by Respondents in connection with this proceeding or any action against any USDA employee in their individual capacity. 

Respondents consent and agree, for the purpose of settling this proceeding, to the entry of this decision.  Complainant agrees to the entry of this decision.

FINDINGS OF FACT

1.      Respondent Happy Valley Livestock, LLC (Respondent Happy Valley) is a limited

liability company registered in the State of XXXXX.  Respondent Happy Valley Livestock, LLC’s business operating address is XXXXX, XXXXX, XXXXX.  The registered agent for service of process on Respondent Happy Valley is Bill Chase, whose mailing address is XXXXX, XXXXX, XXXXX.  

2.  At all times material herein, Respondent Happy Valley was: 

(a)        Engaged in the business of a market agency selling on commission as that term is defined and used in the Act and the regulations promulgated thereunder;

(b)       Engaged in the business of a dealer buying and selling as that term is defined and used in the Act and the regulations promulgated thereunder;

(c)        Registered with the Secretary of Agriculture as a market agency buying on commission and as a dealer buying and selling.

3.  Respondent XXXXX (Respondent XXXXX) is an individual whose mailing address is XXXXX, XXXXX, XXXXX.  

4.  At all times material herein, Respondent XXXXX was:

(a)  Engaged in the business of a market agency selling on commission as that term is defined and used in the Act and the regulations promulgated thereunder;

(b)  Engaged in the business of a dealer buying and selling as that term is defined and used in the Act and the regulations promulgated thereunder;

(c)  the sole managing member of Respondent Happy Valley; and

(d)  Responsible for the direction, management, and control of Respondent Happy Valley.

5.  Respondent Happy Valley and Respondent XXXXX shall, where applicable and appropriate, collectively be referred to herein as “Respondents”.

 

CONCLUSIONS OF LAW

Respondents having admitted the jurisdictional facts and the parties having agreed to the entry of this decision, such decision will be entered.

ORDER

            1.         Respondents, their agents and employees, directly or through any corporate or other device, in connection with their operations subject to the Act, shall cease and desist from:

                        (a)        Issuing checks in payment for the livestock purchases which checks are returned unpaid by the bank upon which they are drawn because Respondents do not have and maintain sufficient funds on deposit and available in the account upon which such checks are drawn to pay such checks when presented; and

                        (b)        failing to pay, when due, the full purchase price of livestock.

2.         In accordance with section 312(b) of the Act (7 U.S.C. § 213(b)), Respondents are

jointly and severally assessed a civil penalty in the amount of sixteen thousand and five hundred dollars ($16,500.00) to be paid by certified check or money order made payable to the Treasurer of the United States and sent to US Bank, XXXXX, XXXXX XXXXX, XXXXX.  The certified check or money order shall include the docket numbers of this proceeding, Docket No. 24-J-0036 and 24-J-0037.  The civil penalty will become due and payable 30 days after the effective date of this order.

            The provisions of this Order shall become effective upon issuance. Copies of this decision shall be served upon the parties.

 

Done at Washington, D.C.

                                                                                    this   28th   day of   May  , 2024

 

                                                                                               

_________________________

                                                                                    Channing D. Strother

Chief Administrative Law Judge

 

 

 

Respondent,

Happy Valley Livestock LLC

 

By: _____________________                                   _______________________

                                                                                    Rupa Chilukuri

                                                                                    Attorney for Complainant

Title: ____________________                                 

 

 

 

___________________________

XXXXX

Respondent