OBITUARY – Billie Sue Story

The Scoop sends our deepest sympathies to the families of Link Webb and Tim Webb in the death of their mother Billie Sue Story. Mrs. Story passed from this life on July 16, 2022 at the age of 71. She was born September 18, 1950. Visitation with family was held on Monday, July 25th followed by a Celebration of Life Service at Spring Hill Memorial Funeral Home.

FAST Continues To Monitor Legal Matters

 

After the 2016 Celebration, APHIS filed 193 administrative cases alleging violations of the HPA. In 2017, APHIS defaulted eight participants when their answer was a few days late. Two lawyers who had represented the industry’s interests agreed to appeal these ALJ decisions. Six cases were appealed to the Court of Appeals for the District of Columbia. FAST, through a donor, supported these appeals not because of the individuals but the cases were positioned well for the industry to address legal ramifications that would be beneficial for everyone in the industry; the individuals continued to pay their own legal expenses to defend their individual cases. Despite our efforts to communicate otherwise, FAST did not pay the personal legal expenses for these individuals but merely used the current status of their cases to present a legal argument that, if successful, would be of benefit to all in the industry. Five issues were presented, and the court decided one, that the USDA’s ALJ was not appointed as required by the Constitution’s Appointments Clause. The default orders were reversed, and the cases were remanded. This was exactly the outcome we could have hoped for in FAST supporting this particular effort in the adjudication process which has been and will continue to be helpful to industry participants. Seven of the 193 cases continue to be pending, represented by the lawyers who handled the appeals. They have presented the four unresolved issues in the administrative proceedings before an ALJ.
These four issues apply in any HPA enforcement proceeding; a brief description follows.
1. The USDA Judicial Officer is an inferior officer appointed by the Secretary. However, the Secretary has delegated to the Judicial Officer final decision-making authority in enforcement proceedings. Only a principal officer, appointed by the President with the Senate’s consent, can make final decisions. The Judicial Officer is not lawfully appointed.
2. USDA ALJs are appointed by the Secretary as inferior officers. ALJs’ decisions are appealable only to the Judicial Officer, also an inferior Officer. Only a principal officer can make final decisions for the agency. USDA ALJs are not constitutionally appointed because their decisions become final without possible review by a principal officer appointed by the President with Senate confirmation.
3. USDA ALJs cannot be fired by the President or Secretary. They can only be fired for good cause as determined by the Merit System Protection Board, whose members also have good cause tenure protection. The President’s duty to see to the enforcement of the laws is impeded if the officers serving him cannot be fired for disobedience. ALJs serve unconstitutionally in violation of the Constitution’s separation of powers doctrine.
4. HPA §1825(c) authorizes a respondent to be disqualified from events for HPA violations, but only if the respondent has (a) been criminally convicted of an HPA violation, or (b) previously paid a fine assessed by the Secretary for an HPA violation, or (c) is subject to a final order issued by the Secretary assessing a fine for an HPA violation, which has not been paid. APHIS consistently seeks to assess disqualifications against those who have never been found in violation of the HPA, by ignoring these three jurisdictional preconditions. First Offenders cannot be disqualified in the initial proceeding in which they are found to have violated the HPA – they can only be fined.
These motions and briefs are available to lawyers and respondents in HPA enforcement proceedings upon request to FAST. Lastly, key industry organizations have been working collaboratively to provide information to legislators concerning the PAST Act as it will be coming up for a committee hearing shortly. We are presenting inspection data and economic impact data, both of which favorably support our position that the proposed PAST Act does not support the need to make extreme changes, particularly in our performance horse. Our industry organization leaders and our lobbyist are working well together in presenting alternative data, including alternative legislation, that more appropriately addresses industry concerns with regard to objective inspections.

Dr. Kasey C. Kesselring, President

WHOA Show Rescheduled

Due to the extreme heat that is forecast for the area, the Brownsville, Kentucky, incentive show has moved its June 25th and June 26th show to August 13th and August 14th. For the August 13th show, the judge, Robert Bowden, will remain the same, as well as the class schedule, show times, and the Kentucky Incentive. The judge for the August 14th show will be announced at a later date, but that class schedule will remain the same also.
For more information please see the Walking Horse Owners Association Events tab www.walkinghorseowners.com.

WHOA Show Rescheduled

Due to the extreme heat that is forecast for the area, the Brownsville, Kentucky, incentive show has moved its June 25th and June 26th show to August 13th and August 14th. For the August 13th show, the judge, Robert Bowden, will remain the same, as well as the class schedule, show times, and the Kentucky Incentive. The judge for the August 14th show will be announced at a later date, but that class schedule will remain the same also.

For more information please see the Walking Horse Owners Association Events tab www.walkinghorseowners.com.

Obituary – Dana Kyte

It is with sadness the family members of Dana Milburn Kyte, Fall Branch, Tennessee, announce his passing at age 97 on June 16, 2022. He was of the Baptist faith and a member of the First Baptist Church of Fall Branch.

Dana was a decorated veteran of the United States Army serving during WWII and the Korean conflict. He worked at Eastman Chemical Company in Kingsport for 40 years before retiring. He was a Fall Branch High School graduate and an avid horseman throughout his life who especially enjoyed training and showing Tennessee Walking Horses.

In addition to his parents, Tony Hartsell and Gladys Phillips Kite, he was preceded in death by his wife of 73 years, Giftie Wade Kyte; sister, Dorothy Fuggian; and brothers, Dallas C. Kyte and Donald “Don” R. Kite. Dana is survived by two sons, Larry A. Kyte (Karla) and Dana K. Kyte, as well as several nieces and nephews.

The family would like to extend a “special thank you” to those at the Mountain Home, The Waters of Johnson City, and Lakebridge of Waters who provided compassion, comfort, friendship, and dedicated care to Dana throughout his final days.

The family held a graveside service with military honors provided by the American Legion Post 3/265 on Thursday, June 23, 2022 at the First Baptist Church Cemetery of Fall Branch, TN.

In lieu of flowers, memorials can be made in memory of Dana M. Kyte to First Baptist Church of Fall Branch, TN, P.O. Box 82, 1525 Hwy 93, Fall Branch, TN 37656, or to the Kingsport Senior Center, 1200 E. Center St. Suite 121, Kingsport, TN 37660. The Scoop sends our deepest sympathies to the Kyte Family.

Correction

She’s My Shady Lady was reported as champion at the Smoky Mountain Classic when she was in fact reserve with Derek Monohan. We apologize for the mistake.

Campbell Will Judge Woodbury

The Woodbury Lions Club Horse Show will be held Saturday, July 2nd at the Woodbury, Tennessee Fairgrounds. Show officials have selected Ross Campbell to mark the cards for their 86th annual event.

Jerry Sumners Asking For Prayers

Jerry Sumners recently fell and broke his hip. Following this accident, he had surgery to repair the fractures. Jerry would appreciate your prayers as he regains strength during his rehabilitation and recovery.

Cornersville Selects Judge

The 74th Annual Cornersville Lions Club Horse Show will be held on July 15th at the Lions Club Show Grounds in Cornersville, Tennessee. Show management has selected Jerry Collier from Russellville, Alabama to serve as judge.

For more information on this year’s Cornersville Lions Club Horse Show, contact Bobby McDaniel at 931-993-3237.

Flag Presentation

Winky Groover and Command On Parole For the second year, Winky Groover and 4 the Glory Farm proudly had the honor of presenting the American flag for the opening ceremonies for the Willow Brook Pro-Am Golf Tournament. This charity event benefits the Coffee County Jr. Pro Golf Association. The presentation was made on multi WGC and multi WC Command On Parole, owned by Sheryl Crawford.