Eldon Stamper and Sonya Stamper (Dba Chezmyrae Walkers), Ron H. Fox, and v. Secretary of Agriculture, United States Department of Agriculture, And
Opinion
Opinion
Boochever, J.
This appeal arises under the Horse Protection Act (the Act), 15 U.S.C. §§ 1821-31 (1976). Mr. and Mrs. Stamper (the Stampers) were the owners, and Ross Fox (Fox) was the trainer, of Red Bluffs Playboy (Playboy), a Tennessee Walking Horse. At a horse show on September 22,1979, inspectors of the United States Department of Agriculture (the Department) found Playboy to be “sore” within the meaning of the Act. The Stampers and Fox appeal from the Department Judicial Officer’s reversal of the ALJ’s dismissal of the subsequent charges. The Judicial Officer found all three respondents in violation of the Act, and imposed fines and suspensions.
We find that substantial evidence in the record supports the Judicial Officer’s reversal, and that the imposed penalties were not an abuse of discretion. We further hold that the Department need not establish intent in order to find a violation of the Act. It is unnecessary to decide whether an owner, without knowledge of soreness, may be liable when the horse is exhibited contrary to orders, because the Stampers have failed to show that they ordered Fox not to exhibit Playboy if the horse were sore.