2. The respondent, at all times material herein, was operating as a dealer as defined in the Act and the regulations.

3. On or about September 10 and 11, 1996, and October 1, 1997, the respondent willfully violated section 4 of the Act (7 U.S.C. § 2134) and section 2.1 of the regulations (9 C.F.R. § 2.1) by operating as a dealer as defined in the Act and the regulations.

Conclusions

1. The Secretary has jurisdiction in this matter.

2. The following Order is authorized by the Act and warranted under the circumstances.

Order

1. Respondent, her agents and employees, successors and assigns, directly or through any corporate or other device, shall cease and desist from violating the Act and the regulations and standards issued thereunder, and in particular, shall cease and desist from engaging in any activity for which a license is required under the Act and regulations without being licensed as required.

2. Respondent is assessed a civil penalty of $4,000 which shall be paid by a certified check or money order made payable to the Treasurer of United States. 3. Respondent is disqualified for a period of one year from becoming licensed under the Act and regulations.

The provisions of this order shall become effective on the first day after this decision becomes final.

Pursuant to the Rules of Practice, this decision becomes final without further proceedings 35 days after service as provided in section 1.142 and 1.145 of the Rules of Practice,

7 C.F.R. §§ 1.142 and 1.145.

Copies of this decision shall be served upon the parties.

[This Decision and Order became final November 18, 2001 - Editor.]

In re: SAMUEL K. ANGEL; AND THOMBRA INTERNATIONAL, INC., d/b/a LIONSTIGERS.COM AND LIONS, TIGERS, AND TEDDY BEARS OH MY!

AWA Docket No. 01-0025.

Decision and Order.

60 Agric. Dec. 706

Filed September 26, 2001.

AWA - Default - Admission of Facts.

Brian T. Hill, for Complainant

Respondent, Pro se

Decision and Order issued by Dorothea A. Baker, Administrative Law Judge.

Preliminary Statement

This proceeding was instituted under the Animal Welfare Act ("Act"), as amended (7 U.S.C. § 2131 et seq.), by a complaint filed by the Administrator, Animal and Plant Health Inspection Service, United States Department of Agriculture, alleging that the respondents willfully violated the Act and the regulations and standards issued pursuant to the Act (9 C.F.R. § 1.1 et seq.).

Copies of the complaint and the Rules of Practice governing proceedings under the Act, 7 C.F.R. §§ 1.130-1.151, were served via certified mail by the Hearing Clerk on Respondent ThomBra International, inc., d/b/a LionsTigers.com and Lions, Tigers, and Teddy Bears - Oh My!, (hereinafter referred to as "Respondent ThomBra International, Inc.," or "Respondent"), on March 14, 2001. The respondent was informed in the letter of service that an answer should be filed pursuant to the Rules of Practice and that failure to answer any allegation in the complaint would constitute an admission of that allegation. Respondent has failed to file an answer within the time prescribed in the Rules of Practice, and the material facts alleged in the complaint, which are admitted as set forth herein by respondents' failure to file an answer, are adopted and set forth herein as Findings of Fact and Conclusions of Law.

This decision and order, therefore, is issued pursuant to section 1.139 of the Rules of Practice, 7 C.F.R. § 1.139.

Findings of Fact and Conclusions of Law

I

A. Respondent is a Texas corporation whose address is P.O. Box 130, Roanoke, Texas 76262.

B. Respondent at all times material herein, was licensed and operating as an exhibitor as defined in the Act and the regulations.

C. When respondent became licensed and annually thereafter, it received a copy of the Act and the regulations and standards issued thereunder and agreed in

writing to comply with them.

II

On March 4, 2000, Samuel K. Angel, a representative of Respondent ThomBra International, Inc., failed to provide sufficient distance or barrier between animals and the general viewing public resulting in the injury of Ms. Samantha Iverson (9 C.F.R. § 2.100(a)).

Conclusions

1. The Secretary has jurisdiction in this matter.

2. The following Order is authorized by the Act and warranted under the circumstances.

Order

1. Respondent, its agents and employees, successors and assigns, directly or through any corporate or other device, shall cease and desist from violating the Act and the regulations and standards issued thereunder.

2. The respondent is assessed a civil penalty of $2,750.00, which shall be paid by a certified check or money order made payable to the Treasurer of United States. The provisions of this order shall become effective on the first day after this decision becomes final.

Pursuant to the Rules of Practice, this decision becomes final without further proceedings 35 days after service as provided in section 1.142 and 1.145 of the Rules of Practice, 7 C.F.R. §§ 1.142 and 1.145.

Copies of this decision shall be served upon the parties.

[This Decision and Order became final December 14, 2001 - Editor.]

In re: SAMUEL K. ANGEL; AND THOMBRA INTERNATIONAL, INC., d/b/a LIONSTIGERS.COM AND LIONS, TIGERS, AND TEDDY BEARS OH MY!

AWA Docket No. 01-0025.

Decision and Order.

Filed September 26, 2001.

AWA - Default - Admission of Facts.

60 Agric. Dec. 708

Brian T. Hill, for Complainant

Respondent, Pro se

Decision and Order issued by Dorothea A. Baker, Administrative Law Judge.

Preliminary Statement

This proceeding was instituted under the Animal Welfare Act ("Act"), as amended (7 U.S.C. § 2131 et seq.), by a complaint filed by the Administrator, Animal and Plant Health Inspection Service, United States Department of Agriculture, alleging that the respondents willfully violated the Act and the regulations and standards issued pursuant to the Act (9 C.F.R. § 1.1 et seq.).

Copies of the complaint and the Rules of Practice governing proceedings under the Act, 7

C.F.R. §§ 1.130-1.151, were sent via certified mail by the Hearing Clerk to Respondent Samuel K. Angel, (hereinafter referred to as "Respondent" or "Respondent Angel"), and returned to the Hearing Clerk on April 6, 2001 marked "unclaimed". Pursuant to the Act, 7 C.F.R. § 1.147(c)(1), copies of the Complaint and the Rules of Practice were sent by ordinary mail to the respondent on April 17, 2001. The respondent was informed in the letter of service that an answer should be filed pursuant to the Rules of Practice and that failure to answer any allegation in the complaint would constitute an admission of that allegation. Respondent has failed to file an answer within the time prescribed in the Rules of Practice, and the material facts alleged in the complaint, which are admitted as set forth herein by respondents' failure to file an answer, are adopted and set forth herein as Findings of Fact and Conclusions of Law.

This decision and order, therefore, is issued pursuant to section 1.139 of the Rules of Practice, 7 C.F.R. § 1.139.

Findings of Fact and Conclusions of Law

I

A. Respondent is an individual, whose address is P.O. Box 130, Roanoke, Texas 76262.

B. Respondent at all times material herein, was licensed and operating as an exhibitor as defined in the Act and the regulations.

C. When respondent became licensed and annually thereafter, he received a copy of the Act and the regulations and standards issued thereunder and agreed in writing to comply with them.

II

On or about December 18, 1998, APHIS found that Respondent Angel had failed to maintain programs of disease control and prevention, euthanasia, and adequate veterinary care under the supervision and assistance of a doctor of veterinary medicine and failed to provide veterinary care to animals in need of care, in willful violation of section 2.40 of the regulations (9 C.F.R. § 2.40).

III

On or about December 19, 1999, Respondent Angel failed to notify the APHIS, REAC Sector Supervisor of his change of address within 10 days of the change (9 C.F.R. § 2.8).

IV

On March 4, 2000, during public exhibition Respondent Angel failed to maintain a sufficient distance or barrier between animals and the general viewing public (9 C.F.R. § 2.131(b)(1)).

V

On March 4, 2000, Samuel K. Angel, a representative of Respondent ThomBra International, Inc., failed to provide sufficient distance or barrier between animals and the general viewing public resulting in the injury of Ms. Samantha Iverson (9 C.F.R. § 2.100(a)).

Conclusions

1. The Secretary has jurisdiction in this matter.

2. The following Order is authorized by the Act and warranted under the circumstances.

Order

1. Respondent, his agents and employees, successors and assigns, directly or through any corporate or other device, shall cease and desist from violating the Act and the regulations and standards issued thereunder.

2. The respondent is assessed a civil penalty of $8,250.00, which shall be paid