Stipulations.

§ 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. (b) [Reserved]