within thirty (30) days from the effective date of this Order. Respondent shall indicate that payment is in reference to P.Q. Docket No. 95-64. This Order shall have the same force and effect as if entered after a full hearing and shall be final and effective thirty five (35) days after service of this Default Decision and Order upon respondent, unless there is an appeal to the Judicial Officer pursuant to section 1.145 of the Rules of Practice applicable to this proceeding. 7 C.F.R. § 1.145. [This Decision and Order became final July 27, 1996-Editor] In re: MANUEL JESUS PALAGUACHI. P.Q. Docket No. 96-0007. Decision and Order filed May 3, 1996. Failure to file an answer - Importation of apples and peaches from Ecuador into the United States Civil Penalty. Susan Golabek, for Complainant. Respondent, Pro se. Decision and Order issued by James W. Hunt, Administrative Law Judge. This is an administrative proceeding for the assessment of a civil penalty for a violation of the regulations governing the importation of fruits and vegetables (7 C.F.R. § 319.56 et seq.), hereinafter referred to as the regulations, in accordance with the Rules of Practice in 7 C.F.R. § 1.130 et seq. and 7 C.F.R. § 380.1 et seq. This proceeding was instituted by a Complaint filed on November 8, 1995, by the Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture. This complaint alleged that on or about March 24, 1995, the respondent imported approximately one pound each of apples and peaches from Ecuador into the United States at Jamaica, New York, in violation of 7 C.F.R.§ 319.56,because the importation of apples and peaches from Ecuador into the United States is prohibited. The respondent failed to file an answer within the time prescribed in 7 C.F.R.§ 1.136(a). Section 1.136(c) of the Rules of Practice provides that the failure to file an answer within the time provided under section 1.136(a) shall be deemed an admission of the allegations in the complaint. 7 C.F.R. § 1.136(c). Further, the failure to file an answer constitutes a waiver of hearing. 7 C.F.R. § 1.139. Accordingly, the material allegations alleged in the complaint are adopted and set forth herein as the Findings of Fact, and this 55 Agric. Dec. 1106 Decision is issued pursuant to section 1.139of the Rules of Practice applicable to this proceeding. 7 C.F.R. § 1.139. 1. Findings of Fact Manuel Jesus Palaguachi, respondent herein, is an individual whose mailing address is 639 N. 6th St., Apt. 11, Newark, NJ 07107. 2. On or about March 24, 1995, the respondent imported approximately one pound each of apples and peaches from Ecuador into the United States at Jamaica, New York, in violation of 7 C.F.R. § 319.56, because the importation of apples and peaches from Ecuador into the United States is prohibited. Conclusion By reason of the facts contained in the Findings of Fact above, the respondent has violated 7 C.F.R.§ 319.56. Therefore, the following Order is issued. Order The respondent is hereby assessed a civil penalty of two hundred fifty dollars ($ 250.00).' This penalty shall be payable to the "Treasurer of the United States" by certified check or money order, and shall be forwarded to: United States Department of Agriculture APHIS Field Servicing Office Accounting Section P.O. Box 3334 Minneapolis, Minnesota 55403 within thirty (30) days from the effective date of this Order. Respondent shall indicate that payment is in reference to P.Q. Docket No. 96-07. 'Inasmuch as the respondent has failed to file an answer, and, therefore, the Department is not required to hold a hearing, the civil penalty requested is reduced by one-half in accordance with the Judicial Officer's Decision in In re Shulamis Kaplinsky, 47 Agric. Dec. 613 (1988). within thirty (30) days from the effective date of this Order. Respondent shall indicate that payment is in reference to P.Q. Docket No. 95-64. This Order shall have the same force and effect as if entered after a full hearing and shall be final and effective thirty five (35) days after service of this Default Decision and Order upon respondent, unless there is an appeal to the Judicial Officer pursuant to section 1.145 of the Rules of Practice applicable to this proceeding. 7 C.F.R. § 1.145. [This Decision and Order became final July 27, 1996-Editor] In re: MANUEL JESUS PALAGUACHI. P.Q. Docket No. 96-0007. Decision and Order filed May 3, 1996. Failure to file an answer - Importation of apples and peaches from Ecuador into the United States Civil Penalty. Susan Golabek, for Complainant. Respondent, Pro se. Decision and Order issued by James W. Hunt, Administrative Law Judge. This is an administrative proceeding for the assessment of a civil penalty for a violation of the regulations governing the importation of fruits and vegetables (7 C.F.R. § 319.56 et seq.), hereinafter referred to as the regulations, in accordance with the Rules of Practice in 7 C.F.R. § 1.130 et seq. and 7 C.F.R. § 380.1 et seq. This proceeding was instituted by a Complaint filed on November 8, 1995, by the Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture. This complaint alleged that on or about March 24, 1995, the respondent imported approximately one pound each of apples and peaches from Ecuador into the United States at Jamaica, New York, in violation of 7 C.F.R.§ 319.56,because the importation of apples and peaches from Ecuador into the United States is prohibited. The respondent failed to file an answer within the time prescribed in 7 C.F.R.§ 1.136(a). Section 1.136(c) of the Rules of Practice provides that the failure to file an answer within the time provided under section 1.136(a) shall be deemed an admission of the allegations in the complaint. 7 C.F.R. § 1.136(c). Further, the failure to file an answer constitutes a waiver of hearing. 7 C.F.R. § 1.139. Accordingly, the material allegations alleged in the complaint are adopted and set forth herein as the Findings of Fact, and this 55 Agric. Dec. 1106 Decision is issued pursuant to section 1.139of the Rules of Practice applicable to this proceeding. 7 C.F.R. § 1.139. 1. Findings of Fact Manuel Jesus Palaguachi, respondent herein, is an individual whose mailing address is 639 N. 6th St., Apt. 11, Newark, NJ 07107. 2. On or about March 24, 1995, the respondent imported approximately one pound each of apples and peaches from Ecuador into the United States at Jamaica, New York, in violation of 7 C.F.R. § 319.56, because the importation of apples and peaches from Ecuador into the United States is prohibited. Conclusion By reason of the facts contained in the Findings of Fact above, the respondent has violated 7 C.F.R. § 319.56. Therefore, the following Order is issued. Order The respondent is hereby assessed a civil penalty of two hundred fifty dollars ($ 250.00).' This penalty shall be payable to the "Treasurer of the United States" by certified check or money order, and shall be forwarded to: United States Department of Agriculture APHIS Field Servicing Office Accounting Section P.O. Box 3334 Minneapolis, Minnesota 55403 within thirty (30) days from the effective date of this Order. Respondent shall indicate that payment is in reference to P.Q. Docket No. 96-07. 'Inasmuch as the respondent has failed to file an answer, and, therefore, the Department is not required to hold a hearing, the civil penalty requested is reduced by one-half in accordance with the Judicial Officer's Decision in In re Shulamis Kaplinsky, 47 Agric. Dec. 613 (1988). This Order shall have the same force and effect as if entered after a full hearing and shall be final and effective thirty five (35) days after service of this Default Decision and Order upon respondent, unless there is an appeal to the Judicial Officer pursuant to section 1.145 of the Rules of Practice applicable to this proceeding. 7 C.F.R. § 1.145. [This Decision and Order became final July 22, 1996-Editor] In re: FEDERICO GALLEGOS-SIGALA. P.Q. Docket No. 96-0028. Decision and Order filed August 22, 1996. Failure to file an answer - Importation of avocados into the United States from Mexico - Civil Penalty. Darlene M. Bolinger, for Complainant. Respondent, Pro se. Decision and Order issued by James W. Hunt, Administrative Law Judge. This is an administrative proceeding for the assessment of a civil penalty for a violation of the regulations governing the movement of fruits and vegetables (7 C.F.R. § 319.56 et seq.), hereinafter referred to as the regulations, in accordance with the Rules of Practice in 7 C.F.R. §§ 1.130 et seq. and 380.1 et seq. This proceeding was instituted under the Federal Plant Pest Act, as amended (7 U.S.C.§§ 150aa-150jj), the Plant Quarantine Act, as amended (7 U.S.C. § 151-154, 156-165 and 167)(Acts), and the regulations promulgated under the Acts, by a complaint filed on April 3, 1996, by the Acting Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture. The respondent failed to file an answer within the time prescribed in 7 C.F.R. § 1.136(a). Section 1.136(c) of the Rules of Practice (7 C.F.R. § 1.136(c)) provides that the failure to file an answer within the time provided under 7 C.F.R. § 1.136(a) shall be deemed an admission of the allegations in the complaint. Further, the admission of the allegations in the complaint constitutes a waiver of hearing. (7 C.F.R.§ 1.139). Accordingly, the material allegations in the complaint are adopted and set forth in this Default Decision as the Findings of Fact, and this Decision is issued pursuant to section 1.139 of the Rules of Practice applicable to this proceeding. (7 C.F.R. § 1.139). |