Roland Posted February 11, 2008 Report Posted February 11, 2008 Windows Live™ Windows Live servicesHomeCalendarContactsFamily SafetyGalleryHotmailOneCareSkyDriveSpacesAll servicesOther Live servicesLive SearchOffice LiveXbox Live MSN AccountFeedbackHelp Central Search Home Hotmail Spaces OneCare rosscoley@hotma... Sign out View your accountLink other accounts Personalize Inbox Junk Drafts Sent Deleted Manage folders Today Mail Contacts Calendar New Reply Reply all Forward Delete Junk Move to[New folder...]InboxJunkDraftsSentDeleted Options Fw: Suvit hit for $250,000 . . . . for breaking the law! From: Gordon Chalmers (gacdvm@telus.net) Sent: 11 February 2008 18:38:37 To: ;@priv-edtnaa06.telusplanet.net ----- Sent: Monday, February 11, 2008 10:45 AM Subject: Suvit hit for $250,000 . . . . for breaking the law! UNITED STATES DEPARTMENT OF AGRICULTURE BEFORE THE SECRETARY OF AGRICULTURE In re: ) A.Q. Docket No. 05-0001 ) Suvit Asawapornsnit ) d/b/a Vegasrace.com ) ) Respondent ) DECISION and ORDER This is an administrative proceeding for the assessment of a civil penalty for a violation of the regulations governing the movement of birds in violation of a quarantine zone imposed due to an outbreak of Exotic Newcastle Disease (9 C.F.R. § 82.1 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 9 C.F.R. §§ 99.1 et seq.. This proceeding was instituted under the Animal Health Protection Act (7 U.S.C. §§ 8301 et seq.)(Act), by an Amended complaint filed by the Administrator of the Animal and Plant Health Inspection Service (APHIS) on November 30, 2004, alleging that respondent Suvit Asawapornsnit d/b/a Vegasrace.com violated the Act and regulations promulgated under the Act (9 C.F.R. § 82.1 et seq.). The complaint sought civil penalties as authorized by 7 U.S.C. § 8313. This complaint specifically alleged that on or about the period between January 25 and February 1, 2003, respondent shipped approximately fifty-eight (58) pigeons to approximately thirty-nine (39) different individuals throughout the United States, knowingly in violation of a quarantine then imposed on the Clark County/Las Vegas Nevada area by the Secretary of Agriculture, in response to an outbreak of Exotic Newcastle Disease (“END”). 2 The respondent failed to file an answer within the time prescribed in 7 C.F.R. § 1.136(a). Section 1.136© of the Rules of Practice (7 C.F.R. § 1.136©) 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 failure to file an answer 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). Findings of Fact 1. Suvit Asawapornsnit, herein referred to as the respondent, is an individual doing business as Vegasrace.com (an unincorporated business) 2. Respondent is a resident of the State of Nevada, whose business mailing address is 5411 S. Oakridge Avenue, Pahrump, NY 89048. 3. On or about the period between January 25 and February 1, 2003, the respondent transported approximately fifty-eight (58) pigeons from Nevada to approximately thirty-nine different addresses, in commerce and through the United States Postal Service, in violation of a quarantine then imposed by the Secretary of Agriculture (“Secretary”) in designated areas, including at all times relevant herein, the area of Clark County/Las Vegas, Nevada in response to an outbreak of Exotic Newcastle Disease (“END”), 9 C.F.R. § 82.3 ©. Respondent violated section 82.5( of the regulations (9 C.F.R. § 82.5() by moving such pigeons out of an END quarantine area without complying with the requirements of 9 C.F.R. § 82.11. The respondent 3 transported the subject pigeons, with knowledge of said END quarantine, to the numbered parties listed below, between January 25, 2003 and February 1, 2003, as follows: 1) 2) 3) 4) 5) 6) 7) 8) Dennis Turk 1 pigeon 1916 Sandpebble Street Stockton, CA 95206 S. David Plummer 1 pigeon 877 Signal Fruit Heights, UT 84037 Bill Jeffers 1 pigeon 7315 W. Union Hills Glendale, AZ 85308 Wally Sabell 1 pigeon 2451 Kipling Street, #314 Lakewood, CO 80215 Eric Houchin 1 pigeon 4132 E. Regina Avenue Mead, WA 99021 Neil Migliore 1 pigeon 20 Winchester Drive Mottontown, NY 11545 Barry Yu 6 pigeons 2112 Brenham Drive McKinney, TX 75070 Reese Bishop 5 pigeons 1143 Georgean Street Hayward, CA 94541 4 9) 10) 11) 12) 13) 14) 15) 16) 17) Jim Brennan 3 pigeons 15 Julia Court Tappan, NY 10983 Daryl Phelps 2 pigeons 38002 Parkmont Commons Fremont, CA 94536 Gayle Renfroe 3 pigeons 10913 Jackson Road Krum, TX 76249 Allen Hughe 1 pigeon 1110 Harrison Street Bristol, PA 19007 Dave Dudle 4 pigeons 714 W. Grant Avenue Pueblo, CO 81004 J.W. Page 1 pigeon 8581 Locust Road Elverta, CA 95626 Jim Benne 1 pigeon 16339 Connemara Lane Spring Hill, FL 34610 Ray Buyner 2 pigeons 1010 Prater Way Sparks, NV 89431 Jack Blazier 1 pigeon 1041 Tipperary Road Oregon, WI 53575 5 18) 19) 20) 21) 22) 23) 24) 25) 26) Ed Minnevelle 1 pigeon 1721 Main Street Jeanerette, LA 70544 Fred Dickhaut 1 pigeon 3733 Drybread Road Cottenwood, CA 96022 Chic and Judy Brooks 1 pigeon 6772 S. Orange Avenue Fresno, CA 93725 Terry Kay 1 pigeon 311 E. Pine Street Roselle, IL 60172 Sam Medeoros 1 pigeon 1063 Daniel Drive Petaluma, CA 94954 Richard Callahan 2 pigeons Cole County Court House 301 E. High Street Jefferson City, MO 65101 John Palumbo 1 pigeon 313 N. Jerome Street Allentown, PA 18109 George So 2 pigeons 178 Loneview Drive Daly City, CA 94015 6 27) 28) 29) 30) 31) 32) 33) 34) 35) Kevin Malley 1 pigeon 8 Sunrise Drive Stony Point, NY 10980 John Belland 1 pigeon 3196 Danville Boulevard Alamo, CA 94507 Bill Traw 1 pigeon 16630 Crossandra Lane Spring Hill, FL 34610 Bill Hill 1 pigeon 2930 E. 161st Street Bixby, OK 74008 Horst Thiel 1 pigeon 1654 El Dorado Way Redding, CA 96002 Richard Colson 1 pigeon P.O. Box 13 Turner, MT 59542 David Brotzler 1 pigeon 4565 Wild Rice Drive, NE Wyoming, MN 55092 Joe Hanzich 1 pigeon 18911 Angel Mountain Drive Leander, TX 78641 Ed Mills 1 pigeon 1217 E. 340th Street Eastlake, OH 44095 7 36) 37) 38) 39) Barry Venn 1 pigeon 1211 Garden Creek Road Casper, WY 82601 Ron Allen 1 pigeon P.O. Box 558 Rutherford, CA 94573 Dr. John Razmierzak 1 pigeon 568 Gand Avenue W. Trenton, NJ 08628 Bill Kempkie 1 pigeon 6094 Feather Lane Sanford, FL 32771 Robin Burdette 1 pigeon 6509 Silver View Lane Fort Worth, TX 76135 Conclusion 8 By reason of the Findings of Fact set forth above, the respondent has violated the Act and the regulations issued under the Act (9 C.F.R. § 82.1 et seq). Therefore, the following Order is issued. Order Respondent is assessed a civil penalty of two hundred and fifty thousand dollars ($250,000). This civil penalty shall be payable to the “Treasurer of the United States” by certified check or money order, and shall be forwarded within thirty (30) days from the effective date of this Order to: United States Department of Agriculture APHIS Field Servicing Office Accounting Section P.O. Box 3334 Minneapolis, Minnesota 55403 Respondents shall indicate on the certified check or money order that payment is in reference to A.Q. Docket No. 05-0001. 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 7 C.F.R. § 1.145 of the Rules of Practice. Copies of this Order shall be served by the Hearing Clerk upon each of the parties. 9 Done at Washington, D.C. this 31st day of January 2005 PETER M. DAVENPORT Administrative Law Judge xx xx xx xx Hearing Clerk’s Office U.S. Department of Agriculture 1400 Independence Avenue, SW Room 1081, South Building Washington, D.C. 20250-9200 202-720-9443 Fax: 202-720-9776 -------------------------------------------------------------------------------- Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now. -------------------------------------------------------------------------------- No virus found in this incoming message. Checked by AVG Free Edition. 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