TITLE 9 - ANIMALS AND ANIMAL PRODUCTS

CHAPTER I - ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE

SUBCHAPTER B - COOPERATIVE CONTROL AND ERADICATION OF LIVESTOCK OR POULTRY DISEASES

PART 49 - RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS

subpart b - SUPPLEMENTAL RULES OF PRACTICE

49.10 - Stipulations.

  (a) At any time prior to the issuance of a complaint seeking a civil penalty under any of the Acts listed in 49.1, the Administrator, in his discretion, may enter into a stipulation with any person in which: (1) The Administrator or the Administrator's delegate gives notice of an apparent violation of the applicable Act, or the regulations issued thereunder, by such person and affords such person an opportunity for a hearing regarding the matter as provided by such Act; (2) Such person expressly waives hearing and agrees to pay a specified penalty within a designated time; and (3) The Administrator agrees to accept the penalty in settlement of the particular matter involved if the penalty is paid within the designated time.

  (b) If the penalty is not paid within the time designated in such a stipulation, the amount of the stipulated penalty shall not be relevant in any respect to the penalty which may be assessed after issuance of a complaint.