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Administrative Law Keyed to Schwartz
Reams v. Irvin
Citation:
561 F.3d 1258 (2009)Facts
On January 3, 2006, Laura Fokes obtained a warrant to inspect Reams’ farm in Andersonville, Georgia. Two days later, Fokes and Dennis, along with a veterinarian, executed the warrant while Reams was away in Kansas. The veterinarian determined that 46 horses and three donkeys were not receiving adequate food and water, leading to their impoundment. Reams was not immediately advised of her right to challenge the impoundment. During a January 26 conference, Reams contested the impoundment and requested a hearing, but officials did not inform her of the proper petition procedures. Commissioner Irvin later issued an administrative order citing Reams for violations, assessing a $74,000 fine, and directing her to reduce her herd. Only then was Reams explicitly notified of her right to a hearing. Reams filed a petition challenging the order and eventually retrieved her horses after posting a $47,360 bond.
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