reason that the money requested must be submitted to cover the shipping and handling of the larger, more expensive gifts.
American Testing appealed this initial decision pursuant to 39 C.F.R. § 952.25. It also began conducting business with the same solicitations, but seeking responses under a new name, "Gift Redemption Center," located at a new address. The Postal Service then moved to amend its original complaint to include both the American Testing Institute and "Gift Redemption Center" in the action. Plaintiff opposed this motion and requested an oral hearing on the matter. The Judicial Officer granted the Postal Service's motion to amend its administrative complaint and denied American Testing's motion for an evidentiary hearing.
*1348 The Postal Service, pursuant to 39 U.S.C. § 3007, submitted an application to the UnitedStates District Court in the Southern District of Florida for a temporary restraining order and preliminary injunction to detain all correspondence that responded to plaintiff's solicitation until the completion of all administrative proceedings on the matter. On January 20, 1983, the Honorable William M. Hoeveler issued a preliminary injunction directing the Postal Service to detain American Testing's incoming mail that related to the alleged lottery solicitation. United States Postal Service v. American Testing Institute, 83-010-Civ-WMH (S.D.Fla.1983). The court found that there was sufficient "probable cause" to believe that American Testing was violating 39 U.S.C. § 3005. Id.
On July 6, 1983, the Judicial Officer for the Postal Service issued the final agency decision finding that plaintiff was, in fact, engaged in a lottery enterprise under section 3005. Based on