§202.210. Stipulations.
9 C.F.R. § 202.210
The Administrator may enter into a stipulation with any person operating subject to the Packers and Stockyards Act, as amended (P&S Act), prior to issuing a complaint that seeks a civil penalty against that person.
The Administrator will give the person notice of an alleged violation of the P&S Act or regulations and provide an opportunity for a hearing;
The person has the option to expressly waive the opportunity for a hearing and agree to pay a specified civil penalty within a designated time;
The Administrator will agree to settle the matter by accepting payment of the specified civil penalty within a designated time;
If the person does not agree to the stipulation, or does not pay the penalty within the specified time, the Administrator may issue an administrative complaint citing the alleged violation; and
The civil penalty that the Administrator proposed in a stipulation agreement has no bearing on the civil penalty amount that may be sought in a formal administrative proceeding against the same person for the same alleged violation.
[Reserved]
Notes, amendments, and revision history
Source
Source: Sections 202.200 and 202.210 were added at 72 FR 19109, Apr. 17, 2007, unless otherwise noted.
Authority
Authority: 7 U.S.C. 228(a); 7 CFR 2.22 and 2.81.
Source
Source: 43 FR 30510, July 14, 1978, unless otherwise noted.