[Code of Federal Regulations]
[Title 7, Volume 3]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR57.1000]

[Page 78-79]
 
                          TITLE 7--AGRICULTURE
 
 CHAPTER I--AGRICULTURAL MARKETING SERVICE \1\ (STANDARDS, INSPECTIONS, 
       MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE (CONTINUED)
 
PART 57_INSPECTION OF EGGS (EGG PRODUCTS INSPECTION ACT)--Table of Contents
 
Subpart B_Rules of Practice Governing Proceedings Under the Egg Products 
                             Inspection Act
 
Sec.  57.1000  Administrative proceedings.

    Source: 64 FR 40738, July 28, 1999, unless otherwise noted.

              Scope and Applicability of Rules of Practice


    (a) The Uniform Rules of Practice for the Department of Agriculture 
promulgated in subpart H of part 1, subtitle A, title 7, Code of Federal 
Regulations, are the Rules of Practice applicable to adjudicating 
administrative proceedings under section 12(c) of the Egg Products 
Inspection Act (21 U.S.C. 1041).
    (b) In addition to the proceedings set forth in paragraph (a) of 
this section, the Administrator, at any time prior to the issuance of a 
complaint seeking a civil penalty under the Act may enter into a 
stipulation with any person, in accordance with the following prescribed 
conditions:
    (1) The Administrator gives notice of an apparent violation of the 
Act or the regulations issued thereunder by such person and affords such 
person an opportunity for a hearing regarding the matter as provided by 
the Act;
    (2) Such person expressly waives hearing and agrees to a specified 
order including an agreement to pay a specified civil penalty within a 
designated time; and

[[Page 79]]

    (3) The Administrator agrees to accept the specified civil penalty 
in settlement of the particular matter involved if it is paid within the 
designated time.
    (4) If the specified penalty is not paid within the time designated 
in such stipulation, the amount of the stipulated penalty shall not be 
relevant in any respect to the penalty that may be assessed after the 
institution of a formal administrative proceeding pursuant to the 
Uniform Rules of Practice, Subpart H, Part 1, Title 7, Code of Federal 
Regulations.

[64 FR 40738, July 28, 1999, as amended at 69 FR 57168, Sept. 24, 2004]