7 CFR Part 380 — Rules of Practice Governing Proceedings Under Certain Acts

PART 380—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS Authority: 7 U.S.C. 7701-7772 and 7781-7786; 16 U.S.C. 1540(a), 3373(a) and (b); 7 CFR 2.22, 2.80, and 371.3. Subpart A—General § 380.1 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 CFR are the Rules of Practice applicable to adjudicatory administrative proceedings under the following statutory provisions: (1) The Plant Protection Act, section 424 (7 U.S.C. 7734), (2) Endangered Species Act Amendments of 1973, as amended, section 11(a), 16 U.S.C. 1540(a), and (3) Lacey Act Amendments of 1981, as amended, section 4(a) and (b), (16 U.S.C. 3373 (a) and (b)). (b) In addition, the Supplemental Rules of Practice set forth in subpart B of this part are applicable to such proceedings. [66 FR 21061, Apr. 27, 2001] Subpart B—Supplemental Rules of Practice § 380.10 Stipulations. (a) At any time prior to the issuance of a complaint seeking a civil penalty under any of the Acts listed in § 380.1, 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 specified penalty in settlement of the particular matter involved if the penalty is paid within the designated time. (b) If the specified 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. [48 FR 33468, July 22, 1983]

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