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Legislation and Regulation Keyed to Manning, 5th Ed.
Hoctor v. United States Department of Agriculture
Citation:
82 F.3d 165 (1996)Facts
Patrick Hoctor began dealing in exotic animals on his farm outside Terre Haute in 1982. His inventory typically included lions, tigers, ligers, cougars, and snow leopards. The animals were kept in pens within a fenced containment area, which was itself surrounded by a six-foot perimeter fence that Hoctor had erected at the suggestion of a USDA veterinarian. In 1983, the USDA issued an internal memorandum stating that “dangerous animals,” including big cats, must be contained within a perimeter fence at least eight feet high. Beginning in 1990, Hoctor was cited multiple times for violating the housing standard regulation by failing to have an eight-foot perimeter fence. The USDA eventually sanctioned him for this and other violations. Hoctor challenged only the perimeter fence sanction, arguing that the eight-foot requirement was invalid because it was not promulgated through notice and comment rulemaking as required for legislative rules under the Administrative Procedure Act.
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