 USDA charges unlicensed animal dealer
Buckeye, AZ (US)Incident Date: Tuesday, Sep 10, 1996
County: Maricopa
Local Map: available
Disposition: USDA Citation
Person of Interest: Lisa Christianson Hutcherson
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In re: LISA CHRISTIANSON HUTCHERSON
AWA Docket No. 00-0005
Decision and Order
Filed August 25, 2000
AWA � Default � Admission
Frank Martin, Jr., 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 respondent willfully violated the Act and the regulations issued pursuant to the Act (9 C.F.R. � 1.1 et seq.).
A copy of the complaint and the Rules of Practice governing proceedings under the Act, 7 C.F.R. �� 1.130-1.151, was served on the respondent Lisa Christianson Hutcherson by personal service on February 22, 2000. 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 Lisa Christianson Hutcherson 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 respondent's 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
1. Lisa Christian Hutcherson, hereinafter referred to as respondent, is an individual whose address is 8681 N. 299th Ave., Buckeye, Arizona 85326.
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.
The following Order is authorized by the Act and warranted under the circumstances.
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.] Neighborhood MapFor more information about the Interactive Animal Cruelty Maps, see the map notes.
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