Does failure to post a double bond preclude a judicial reexamination of an administrative award for reparation?

MultiRegion, United States of America

The following excerpt is from O'Day v. George Arakelian Farms, Inc., 536 F.2d 856 (9th Cir. 1976):

3 Nor does failure to post the bond preclude eventual judicial reexamination of the reparation award. The administrative award is not an enforceable judgment. If the offender does not pay, the offender loses his license for either two or three years, 7 U.S.C. 499d(c), but the complainant must still sue on the claim in a state or federal court to collect the award. In this judicial proceeding the merits of the claim are determined de novo except that the findings and order of the Secretary constitute prima facie evidence of the facts recited. 7 U.S.C. 499g(b). Thus, the effect of failure to post the double bond, or to pay the claim, is that the offender's license is suspended for the stipulated period. See Chidsey v. Guerin, 443 F.2d 584, 586-87 (6th Cir. 1971).

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