Animals repeatedly neglected by USDA licensee
Lebanon, OR (US)Incident Date: Friday, Jan 17, 1986
County: Linn
Disposition: USDA Citation
Person of Interest: James W Hickey
A complaint filed January 17, 1986, by the Administrator of the Animal and Plant Health Inspection Service, United States Department of Agriculture, alleges that the respondents willfully violated the Act, and the regulations and standards issued under the Act, 9 C.F.R. s 1.1-3.142. Upon consideration of the record evidence, the proposed findings, conclusions and briefs, it was concluded that respondents violated the Act, the regulations and the standards, and that an order should be entered requiring respondents to cease and desist from further violations, suspending respondents' license for twenty-five years, and assessing a civil penalty of $40,000.00.
Findings of Fact
1. (a) Respondent James W. Hickey is an individual who, at all times material herein, did business as S&S Farms. His principal place of business is located at 34779 Santiam Highway, Lebanon, Oregon 97355. Hickey, 59 years old, and since 1967 has been raising, buying and selling dogs to west coast research facilities. During 1973, while Linn County was building its own dog pound, Mr. Hickey's facilities on Highway 34 served as the Linn County Dog Shelter. S.S. Farms, Inc., also known as S.S. Farms Linn County, Inc., and S&S Farms Linn County, Inc., is an Oregon corporation incorporated on June 17, 1985. Its principal place of business is located at 34779 Santiam Highway, Lebanon, Oregon 97355. Respondent S.S. Farms, Inc., is licensed as a Class B dealer (No. 92-B-50) under the Act.
On December 20, 1983, respondent James Hickey was sent a warning letter by the APHIS Area Veterinarian-In-Charge respecting deficiencies observed during an inspection of his facilities on August 15, 1983, respecting proper identification of dogs upon acquisition, holding them as required and maintaining the identity of dogs in the records he kept.
Mr. Hickey both individually and as the alter ego of S&S Farms, Inc., has violated these provisions of the Animal Welfare Act, deliberately, willfully, and cruelly for personal gain and profit. He was warned on December 20, 1983, that his actions violated the Act, but he continued to improperly mark and identify dogs, to keep records which inadequately showed the identity of the dogs in his possession and to not meet minimum standards for the care and treatment of animals at his facility.
Here, there is evidence that Mr. Hickey's deceptive and false records facilitated his acquisition of stolen and fraudulently obtained pets found on his premises. His refusal of access to his records pertaining to a stolen labrador pup found on his premises can only be construed as an effort to conceal the way in which he acquired the stolen pet. On one occasion, his records, for the purchase of two dogs with specified tag numbers and a seller's name, matched hearsay evidence presented by Deputy Sheriff John Strong who testified that two thieves he arrested told him that they sold two dogs they had stolen to Hickey for $30.00 who told them: "I don't care if the dogs are hot; I just don't want the cops out here." (Tr. 274.)
On October 3, 1983, Dr. David P. Silberman, veterinary medical officer for APHIS, inspected respondents' facility and found twelve dogs in a large pen fouled with feces and urine, trying to feed on a whole dead calf--complete with hide and hooves. He also found that the storage room where feed for the dogs was kept, gave evidence of being vermin infested--it had rat and mice holes and was fouled with rat feces. Doghouses were splintered and in such disrepair they could not be sanitized. There was algae in various water buckets used as the dogs' drinking containers showing that the dogs were not being provided fresh water. See finding 12. Inasmuch as these were the first violations of this type brought to respondents' attention, a minimum civil penalty of $100 for each of the four violations, or $400 total, is the appropriate civil penalty, and shall be assessed.
On October 23, 1984, Dr. Silberman reinspected the facility and found that bedding and food storage facilities still had holes allowing vermin to enter. Two other serious humane treatment requirements, identified in finding 13, were found by him to also have been violated. A civil penalty of $600, or $200 per violation, is the appropriate civil penalty for these violations found on the second inspection, and is being assessed.
On November 14, 1984, Dr. Silberman accompanied by another APHIS veterinary medical officer, Dr. Richard Overton, again inspected respondents' facility. This time nine violations, detailed in finding 14, were found to exist. For these violations, civil penalties of $500 per violation, or $4500 total, is appropriate and is being assessed.
On January 29, 1985, Dr. Overton again inspected respondents' facilities and detected six violations, detailed in finding 15, similar to those found on prior inspections. For these violations a civil penalty of $750 per violation, or $4500 total, is appropriate and shall be assessed.
On March 13, 1985, APHIS officials detected five violations of the same type, as detailed in finding 16. On April 9, 1985, six similar violations were detected, detailed in finding 17. And on May 15, 1985, three violations were found as detailed in finding 18. For these violations the maximum civil penalty of $1000 per violation, or $14,000 total, is warranted and is being assessed.
On June 17, 1987, (now Chief) Administrative Law Judge Victor W. Palmer (ALJ) issued an initial Decision and Order suspending respondents' license for 25 years, assessing a civil penalty of $40,000, and directing respondents to cease and desist from numerous practices involving the care and housing of dogs and cats, from failing to allow inspection of respondents' records, and from failing to keep and maintain adequate records as to the acquisition and disposition of dogs and cats. References« OR State Animal Cruelty Map
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