7/14/83: AN ADMINISTRATIVE COMPLAINT AND NOTICE OF OPPOR- TUNITY FOR HEARING WAS ISSUED TO CHARBET CHEMICAL CORPORA- TION (HEREINAFTER REFERRED TO AS CHARBET ), ON OCTOBER 13, 1981, PROPOSING A PENALTY OF $1,760.00. THE COMPLAINT ALLEGED A VIOLATION OF THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT (THE ACT) FOR FAILURE TO SUBMIT AN AN- NUAL PESTICIDE PRODUCTION REPORT FOR 1980 WHICH PROVIDES INFORMATION ON THE TYPES OF PESTICIDES PRODUCED AND DISTRI- BUTED ANNUALLY BY A REGISTERED ESTABLISHMENT. ON NOVEMBER 30, 1981, CHARBET, THROUGH MORRILL TURK, PRESIDENT, RE- QUESTED A HEARING CONCERNING THE CHARGE OF FAILURE TO SUBMIT A PESTICIDE PRODUCTION REPORT FOR 1980 AND THE PROPOSED PENALTY AMOUNT. ADMINISTRATIVE LAW JUDGE THOMAS B. YOST WAS ASSIGNED TO THIS CASE JANUARY 7, 1982. ON FEBRUARY 1, 1982, JUDGE YOST SENT A LETTER TO CHARBET AND EPA REQUIRING THAT A PRE-HEARING INFORMATION EXCHANGE TAKE PLACE BY MARCH 8, 1982. JUDGE YOST GRANTED TWO EXTENSIONS OF TIME AND HIS ORDER DATED MARCH 29, 1982, REQUIRED THE PRE-HEARING RESPONSES TO BE FILED BY MAY 7, 1982. IN AN ORDER DATED MAY 21, 1982, JUDGE YOST ADVISED THAT THE RESPONDENT HAD NOT YET FILED ITS PRE-HEARING RESPONSE AND THAT UNLESS THE RESPONDENT FILED ITS MATERIAL BY MAY 31, 1982, A DEFAULT JUDGEMENT WOULD BE ISSUED. A DEFAULT ORDER WAS ISSUED BY JUDGE YOST AGAINST CHARBET ON JUNE 9, 1982, FOR FAILURE TO RESPON