Rose W. Gunckel d/b/a Gunckels Service, DAB No. 3015 (2020)

DECISION TO DECLINE REVIEW OF ADMINISTRATIVE LAW JUDGE DECISION

This case is before the Departmental Appeals Board (DAB) on a notice of appeal filed by Rose W. Gunckel d/b/a Gunckels Service (Respondent).  Respondent appealed a June 16, 2020 Administrative Law Judge (ALJ) initial decision, Rose W. Gunckel d/b/a Gunckels Service, DAB TB5190 (2020).  In that decision, the ALJ struck Respondent's answer to the complaint, filed by the U.S. Food and Drug Administration's Center for Tobacco Products, as a sanction for failing to comply with multiple ALJ orders and directives, in accordance with 21 C.F.R. § 17.35.  The ALJ also entered default judgment against Respondent in the amount of $285 for two violations of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., and its implementing regulations, 21 C.F.R. pt. 1140, within a 12-month period.

We considered Respondent's notice of appeal and examined the record.  Based on this review, the Board finds no basis to disturb the ALJ's initial decision.  We therefore decline review of the ALJ's initial decision.