202.210—Stipulations.
(a)
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.
(1)
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;
(2)
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;
(3)
The Administrator will agree to settle the matter by accepting payment of the specified civil penalty within a designated time;
(4)
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
(5)
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.