§ 202.210 - Stipulations.

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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]