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UNITED STATES OF AMERICA DEPARTMENT OF AGRICULTURE In Re: PATRICIA LAYTON, USDA Docket No. 2440 HUD ALJ No. 03-06-NA Complainant Eileen M. McGuire, Esq. For the Complainant Monera L. Cause, Esq. For

The allegations of the complaint include two allegations of violation of Section 741(b)(3) and (4) of the Code of Federal Regulations or Section 752 of the Health Insurance Portability and Accountability Act of 1996. These are both allegations of negligence and fraud and a tortious interference with contractual relations because, among other things, Ms. Layton alleges (a) that her son, Mark J. Layton, and Mr. Layton, acting as a partnership, did not have the necessary licenses or permits engaging in farming for the production of food for sale to the public; and (b) that the operation of the farm did not produce a lawful profit for Ms. Layton, her sons, Ms. Layton's father, Mr. Mark Layton, John F. Layton, and Ms. Layton's mother, Ms. Layton's husband, John F. Layton. In light of her injury, Ms. Layton seeks to recover damages for all of these allegations. According to her complaint, the Commission has the power, to the extent that the allegations in the complaint are proven true, to determine that each complaint is frivolous or vexatious and, based on the Commission's own decision, to cease taking any further action on that complaint. The Commission is of opinion that the allegations in the complaint are frivolous, vexatious or otherwise meritless, that there is no probable cause to warrant a hearing, and that the complaints should properly be dismissed. This matter is not frivolous or vexatious or otherwise meritless and, based on the Commission's own decision, should be dismissed. The complaints also include a tortious interference with contractual relations allegation, for which the Commission has the delegated authority to take enforcement action. This allegation is not frivolous nor vexatious or otherwise meritless and, based on the Commission's own decision, should be dismissed. Accordingly, the Commission hereby dismisses the complaints for the reasons set forth. The complainant's allegations have not been proven true. However, the Commission is of opinion that in light of the Commission's own decision, dismissal of the complaints has no substantial adverse effect on the defendant's interests. Ms. Layton, who is represented by counsel, shall bear all costs in connection with this matter. DISCUSSION The Commission's decision is in the nature of a dismissal.

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