UNITED STATES DEPARTMENT OF AGRICULTURE BEFORE THE SECRETARY OF AGRICULTURE
In re: |
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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 |
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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