Agriculture Decisions: Decisions of the Secretary of Agriculture Under the Regulatory Laws Administered in the United States Department of Agriculture, Volume 56, Part 1
U.S. Government Printing Office, 1997
Up to 1988, the December issue contains a cumulative list of decisions reported for the year, by act, docket numbers arranged in consecutive order, and cumulative subject-index, by act.
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56 Agric 94 AMA Docket accordance administrative advertising Agriculture ALJ's alleged allow Almond Almond Order Amendment Animal Welfare Act answer APHIS Appeal Appeal Petition applicable assessments Beef Promotion Board cats civil penalty clean collection Company Complainant's Complaint conducted constitute contend County Court crop dealer Decision and Order default denied Department determine dismissed dogs effective enclosures evidence exemption facility fact failed Farms filed follows further handler hearing hereinafter Hodgins holding housing inspection inspectors issued January Judge Judicial Officer June Kennel license maintain March marketing means Motion mushrooms November Officer paragraph period person Petition Petitioners potatoes proceeding protection pursuant reasons received record Regulations Regulations 9 C.F.R. Regulations and Standards request Respondent's Respondents Rules of Practice Secretary Standards Strebin testified United veterinary violation Washington
Page 1078 - The reviewing court shall — (1) compel agency action unlawfully withheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings, and conclusions found to be — (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right...
Page 1065 - ... (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the authority under which the rule is proposed; and (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved.
Page 1354 - Any oral or documentary evidence may be received, but the agency as a matter of policy shall provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence. A sanction may not be imposed or rule or order issued except on consideration of the whole record or those parts thereof cited by a party and supported by and in accordance with the reliable, probative, and substantial evidence.
Page 1064 - General notice of proposed rule making shall be published in the Federal Register (unless all persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law...
Page 1145 - If a timely notice of appeal is filed by a party, any other party may file a notice of appeal...
Page 1599 - Virginia State Bd. of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 US 748 (1976).
Page 1151 - When faced with a problem of statutory construction, this Court shows great deference to the interpretation given the statute by the officers or agency charged with its administration.
Page 1065 - ... the agency for good cause finds (and incorporates the finding and a brief statement of the reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
Page 1065 - After notice required by this section, the agency shall afford interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments with or without opportunity to present the same orally in any manner; and, after consideration of all relevant matter presented, the agency shall incorporate in any rules adopted a concise general statement of their basis and purpose.
Page 1080 - Section 706(2) (A) requires a finding that the actual choice made was not 'arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.' 5 USC § 706(2) (A) (1964 ed., Supp. V). To make this finding the court must consider whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment.