1. SECTION 14(A)(5) OF THE FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT ( FIFRA ), 7 U.S.C. SEC. 1361 (A)(5). 2. REK INDUSTRIES CORPORATION 108 DALE SE ALBUQUERQUE, NEW MEXICO 87102 DR. RALPH KROLIK PRESIDENT, DIRECTOR, AND SOLE SHAREHOLDER REK INDUSTRIES CORPORATION 1101 EL ALHAMBRA CIRCLE, NW LOS RANCHOS DE ALBUQUERQUE, NEW MEXICO 87107 3. ON MAR. 23, 1989, EPA FILED A COMPLAINT AGAINST REK AL- LEGING VIOLATIONS ON FOUR COUNTS PURSUANT TO SECTION 12 (A) OF FIFRA, AS AMENDED, 7 U.S.C. SEC. 136J(A). EPA PRO- POSED A PENALTY OF $14,400. ON MAY 10, 1993, AN INITIAL DECISION WAS ENTERED BY CHIEF ADMINISTRATIVE LAW JUDGE HENRY B. FRAZIER, III, IMPOSING A $12,996 PENALTY AGAINST REK INDUSTRIES FOR VIOLATIONS UNDER SECTION 12 OF FIFRA. THIS INITIAL DECISION BECAME A FINAL ORDER ON JUL. 6, PURSUANT TO 40 C.F.R. SEC. 22.27(C), WHICH PROVIDES THAT AN INITIAL ORDER SHALL BECOME A FINAL ORDER OF THE EN- VIRONMENTAL APPEALS BOARD (EAB) WITHIN 45 DAYS AFTER SER- VICE UPON PARTIES UNLESS AN APPEAL TO THE EAB IS TAKEN OR THE EAB ELECTS TO REVIEW THE INITIAL DECISION UPON ITS OWN MOTION. PURSUANT TO 40 C.F.R. SEC. 22.30(A)(1), ANY PARTY MAY APPEAL AN ADVERSE RULIN