UNITED STATES DEPARTMENT OF AGRICULTURE

BEFORE THE SECRETARY OF AGRICULTURE

In re:
	Miller Livestock, Inc.;	P&S Docket No. 23-J-0016
	Eric Miller; and	P&S Docket No. 23-J-0017
	Melissa Miller,	P&S Docket No. 23-J-0018
	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 Consent Decision is entered pursuant to that 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 respondent 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 Eric Miller is an individual whose current address is in the State of South Dakota. Respondent’s address will not be stated in this Consent Decision and Order to protect respondent’s privacy but will be provided to the Hearing Clerk, United States Department of Agriculture, for the purpose of service of this Consent Decision and Order.

2.                  Respondent Melissa Miller is an individual whose current address is in the State of South Dakota. Respondent’s address will not be stated in this Consent Decision and Order to protect respondent’s privacy but will be provided to the Hearing Clerk, United States Department of Agriculture, for the purpose of service of this Consent Decision and Order.

3.                  Respondent Miller Livestock, Inc. is a corporation whose current address is 37049 Hwy. 12, Mina, SD 57451. Respondent’s address will not be stated in this Consent Decision and Order to protect respondent’s privacy but will be provided to the Hearing Clerk, United States Department of Agriculture, for the purpose of service of this Consent Decision and Order.

3.         Respondents are, and at all times material herein were:

(a)        Engaged in the business of a dealer buying and selling livestock in commerce.

(b)        Registered with the Secretary of Agriculture as a dealer buying and selling livestock in commerce.

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 his operations subject to the Act, shall cease and desist from:

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

(b)        failing to pay the full purchase price of livestock; and

(c)        issuing nonsufficient financial instruments to pay for livestock. 

            2.         Pursuant to 7 U.S.C. § 204, Respondents are suspended as registrants under the Act for a period of five (5) years. This order may be modified to lift said suspensions upon application to the Packers and Stockyards Division and upon demonstration of payment of all amounts owed as a result of Respondents’ failure to pay for livestock.

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

(Signature Page Omitted)