PART 202—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE PACKERS AND STOCKYARDS ACT Authority: 7 U.S.C. 228(a); 7 CFR 2.22 and 2.81. Source: 43 FR 30510, July 14, 1978, unless otherwise noted. Rules of Practice Applicable to Rate Proceedings Source: Sections 202.1 through 202.7 appear at 53 FR 51236, Dec. 21, 1988, unless otherwise noted. § 202.1 Applicability of other rules. The Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary Under Various Statutes, 7 CFR part 1, subpart H, are applicable to all rate proceedings under Sections 304, 305, 306, 307 and 310 of the Packers and Stockyards Act, 1921, as amended, 7 U.S.C. 205, 206, 207, 208 and 211, except insofar as those Rules are in conflict with any provision herein. § 202.2 Definitions. As used in these rules: (a) Rate proceeding (b) Administrator [43 FR 30510, July 14, 1978, as amended at 84 FR 45647, Aug. 30, 2019; 84 FR 56678, Oct. 23, 2019; 88 FR 62696, Sept. 13, 2023] § 202.3 Institution of proceedings. (a) Informal complaint. (b) Investigation. (c) Status of person filing. (d) Formal complaint. Federal Register, § 202.4 Answer and reply. Respondent is not required to file an answer. If an answer is filed, complainant is not required to file a reply. § 202.5 Hearing. The hearing will be oral unless all parties waive oral hearing. It will be written if not oral. Notice of the date, time and place of oral hearing, or of the date and place for filing of written submissions in a written hearing, will be served on the Administrator and the respondent, and on such other persons as have requested in writing to be heard. § 202.6 Taking no position on the merits. The proceeding may be instituted by filing of the informal complaint as a formal complaint, and the Administrator may take no position on the merits of the case. § 202.7 Modification or vacation of final order. (a) Informal petition. (b) Formal motion. (c) Publication. Federal Register, (d) Proceedings. Rules of Practice Applicable to Reparation Proceedings § 202.101 Rule 1: Meaning of words. In these rules, words in the singular form shall be deemed to import the plural, and vice versa, as the case may demand. § 202.102 Rule 2: Definitions. Terms defined in the Act shall mean the same in these rules as in the Act. In addition, and except as may be provided otherwise in these rules: Act et seq.; Agency Agency Head Complainant Department Docketing Hearing Hearing Clerk Judicial Officer Mail Presiding Officer Re-mail Reparation proceeding Proceeding Report Respondent Secretary [43 FR 30510, July 14, 1978, as amended at 46 FR 60414, Dec. 10, 1981; 55 FR 41183, Oct. 10, 1990; 60 FR 8465, Feb. 14, 1995; 84 FR 45647, Aug. 30, 2019] § 202.103 Rule 3: Beginning a reparation proceeding. (a) Filing. (b) Form. (c) Contents and attachments. (1) Date and place where the alleged violation occurred; (2) Quantity and quality of the livestock involved; (3) Whether a sale is involved and, if so, the date, sale price, and amount actually paid and received; (4) Whether a consignment is involved and, if so the date, reported proceeds, gross, net; (5) Amount of reparation claimed, and method of computation; (6) Name and address of each partner or member, if a partnership or joint venture is involved; (7) Name and address of each person involved, including any agent representing the complainant or the respondent in the transaction involved; (8) Other material facts, including terms of contract; and (9) True copies of all available papers relating to the transaction complained about, including shipping documents, letters, telegrams, invoices, manifests, accounts of sales, and special contracts or agreements, and checks and drafts. If it appears that any such item has been omitted from the complaint, the Agency Head may, prior to docketing of the proceeding, recommend to the complainant that such item be supplied by written amendment to the complaint. (d) Where to file. (e) Time for filing. (f) Amendment. (1) An amendment cannot add a respondent if it is filed more than 90 days after accrual of the cause of action against such respondent; (2) An amendment cannot state a new and different cause of action if it is filed more than 90 days after accrual of such new and different cause of action; and (3) After the first amendment, or after the filing of an answer by the respondent, an amendment may not be filed without the written consent of the respondent, or leave of the presiding officer, or, prior to docketing of the proceeding, leave of the Agency Head. Any such amendment must be filed in writing and signed by the complainant or the attorney or representative of the complainant. If any such amendment is filed before the initial service of the complaint on the respondent, it shall be served on the respondent only if the complaint is served as provided in Rule 4(b), § 202.104(b). If any such amendment is filed after such service, it shall be served on the respondent in any case. (g) Withdrawal. [43 FR 30510, July 14, 1978, as amended at 60 FR 8465, Feb. 14, 1995; 84 FR 45647, Aug. 30, 2019] § 202.104 Rule 4: Agency action. (a) Informal disposition. (b) Service of complaint. (c) Service of report of investigation. § 202.105 Rule 5: Filing; time for filing; service. (a) Filing; number of copies. Provided, (b) Effective date of filing. (c) Additional time for filing. (d) Computation of time. Provided, (e) Who shall make service. (f) Service on party. provided that, (2) Any document or paper, other than one specified in paragraph (f)(1) of this section or written questions for a deposition as provided in § 202.109(c)(3), shall be deemed to be received by any party to a proceeding on the date of mailing by ordinary mail to the last known principal place of business of such party, last known principal place of business of the attorney or representative or record of such party, or last known residence of such party if an individual. (3) Any document or paper served other than by mail on any party to a proceeding shall be deemed to be received by such party on the date of: (i) Delivery to any responsible individual at, or leaving in a conspicuous place at, the last known principal place of business of such party, last known principal place of business of the attorney or representative of record of such party, or last known residence of such party if an individual, or (ii) Delivery to such party if an individual, to an officer or director of such party if a corporation, or to a member of such party if a partnership, at any location. (g) Service on another. (1) Delivery by certified mail or registered mail to the last known principal place of business of such person, last known principal place of business of the attorney or representative of record of such person, or last known residence of such person if an individual; (2) Delivery other than by mail to any responsible individual at, or leaving in a conspicuous place at, any such location; or (3) Delivery to such party if an individual, to an officer or director of such party if a partnership, at any location. (h) Proof of service. (1) A certified or registered mail receipt returned by the postal service with a signature; (2) An official record of the postal service; (3) An entry on a docket record or a copy placed in a docket file by the Hearing Clerk of the Department or by an employee of the Hearing Clerk in the ordinary course of business; (4) A certificate of service, which need not be separate from and may be incorporated in the document or paper of which it certifies service, showing the method, place and date of service in writing and signed by an individual with personal knowledge thereof, Provided [43 FR 30510, July 14, 1978, as amended at 55 FR 41183, Oct. 10, 1990; 60 FR 8465, Feb. 14, 1995] § 202.106 Rule 6: Answer. (a) Filing and service. (b) Required contents. (c) Setoff, counterclaim or cross-claim. Provided, (d) Failure to file. § 202.107 Rule 7: Reply. (a) Filing and service. (b) Contents. (c) Failure to file. [43 FR 30510, July 14, 1978, as amended at 55 FR 41184, Oct. 10, 1990] § 202.108 Rule 8: Docketing of proceeding. Promptly following receipt of the answer, or the reply (if the answer asserts a counterclaim or a setoff), or following the expiration of the period of time prescribed above for the filing of the answer or of the reply, the agency head shall transmit all of the papers which have been filed in the proceeding (including the investigation report if any has been served on the parties) to the hearing clerk, who shall assign a docket number to the proceeding. Thereafter the proceeding shall be referred to by such number. The hearing clerk shall promptly transmit all such papers to the Office of the General Counsel for assignment of a presiding officer. § 202.109 Rule 9: Depositions. (a) Application. (b) Response; service. (c) Written questions (interrogatories). (2) The presiding officer may direct, or the parties may agree, that the deposition, if taken, shall be taken by means of written questions. If the presiding officer finds, upon the protest of a party to the proceeding, that such party has a principal place of business or residence more than 100 miles from the place of the examination and that it would constitute an undue hardship on such party to be present or represented at an oral examination at such place, the deposition, if taken, shall be taken by means of written questions. In any such case, the presiding officer shall state on the record at the oral hearing that, or shall serve the parties with notice that, the deposition, if taken, shall be taken by means of written questions. (3) If the examination is conducted by means of written questions, copies of the applicant's questions must be received by the other party to the proceeding and the officer at least 10 days prior to the date set for the examination unless otherwise agreed, and any cross questions of a party other than the applicant must be received by the applicant and the officer at any time prior to the time of the examination. (d) Order. (2) The order shall be served on the parties and shall include: (i) The name and address of the officer before whom the deposition is to be made; (ii) The name of the deponent; (iii) Whether the deposition will be oral or on written questions; (iv) If the deposition is oral, the manner in which the deposition is to be conducted (telephone, audio-visual telecommunication, or personal attendance of those who are to participate in the deposition); and (v) The time, which shall not be less than 20 days after the issuance of the order, and place. (3) The officer, time, place, and manner of the deposition as stated in the presiding officer's order need not be the same as the officer, time, place, and manner suggested in the application. (4) The deposition shall be conducted in the manner (telephone, audio-visual telecommunication, or personal attendance of those who are to participate in the deposition) agreed to by the parties. (5) If the parties cannot agree on the manner in which the deposition is to be conducted: (i) The deposition shall be conducted by telephone unless the presiding officer determines that conducting the deposition by audio-visual telecommunication: (A) Is necessary to prevent prejudice to a party; (B) Is necessary because of a disability of any individual expected to participate in the deposition; or (C) Would cost less than conducting the deposition by telephone. (ii) If the deposition is not conducted by telephone, the deposition shall be conducted by audio-visual telecommunication unless the presiding officer determines that conducting the deposition by personal attendance of any individual who is expected to participate in the deposition: (A) Is necessary to prevent prejudice to a party; (B) Is necessary because of a disability of any individual expected to participate in the deposition; or (C) Would cost less than conducting the deposition by telephone or audio-visual telecommunication. (e) Qualifications of officer. (f) Procedure on examination. (g) Certification and filing by officer. (h) Service; correction. (i) Use. (1) That the witness is dead; (2) That the witness is unable to attend or testify for any good reason including age, sickness, infirmity, or imprisonment; (3) That the party offering the transcript or recording has tried without success to procure the attendance of the witness by subpoena; or (4) That such exceptional circumstances exist as to make it desirable, in the interests of justice and with due regard to the importance of presenting the testimony orally before the presiding officer, to allow the transcript or recording to be used. If any portion of a transcript or recording of a deposition is made a part of the record as evidence on motion of any party, any other party may make a part of the record as evidence the remainder, or any other portion, of the transcript or recording. (j) Expenses. (k) Subpoenas. (l) Agreement of parties. [43 FR 30510, July 14, 1978, as amended at 55 FR 41184, Oct. 10, 1990; 60 FR 8465, Feb. 14, 1995] § 202.110 Rule 10: Prehearing conference. (a) The presiding officer, at any time prior to the commencement of the hearing, may request the parties or their counsel to appear at a conference before the presiding officer to consider: (1) The simplification of issues; (2) The necessity of amendments to pleadings; (3) The possibility of obtaining stipulations of fact and of the authenticity, accuracy, and admissibility of documents, which will avoid unnecessary proof; (4) The limitation of the number of expert or other witnesses; (5) The negotiation, compromise, or settlement of issues; (6) The exchange of copies of proposed exhibits; (7) The identification of documents or matters of which official notice may be requested; (8) A schedule to be followed by the parties for completion of the actions decided at the conference; or (9) Such other matters as may expedite and aid in the disposition of the proceeding. No transcript or recording of such a conference shall be made, but the presiding officer shall prepare and file for the record a written summary if any action is taken at the conference, which shall incorporate any written stipulations or agreements made by the parties at the conference or as a result of the conference. (b) Manner of the prehearing conference. (i) Is necessary to prevent prejudice to a party; (ii) Is necessary because of a disability of any individual expected to participate in the prehearing conference; or (iii) Would cost less than conducting the prehearing conference by telephone or correspondence. If the presiding officer determines that a prehearing conference conducted by audio-visual telecommunication would measurably increase the United States Department of Agriculture's cost of conducting the prehearing conference, the prehearing conference shall be conducted by personal attendance of any individual who is expected to participate in the prehearing conference, by telephone, or by correspondence. (2) If the prehearing conference is not conducted by telephone or correspondence, the prehearing conference shall be conducted by audio-visual telecommunication unless the presiding officer determines that conducting the prehearing conference by personal attendance of any individual who is expected to participate in the prehearing conference: (i) Is necessary to prevent prejudice to a party; (ii) Is necessary because of a disability of any individual expected to participate in the prehearing conference; or (iii) Would cost less than conducting the prehearing conference by audio-visual telecommunication. [43 FR 30510, July 14, 1978, as amended at 60 FR 8466, Feb. 14, 1995] § 202.111 Rule 11: Hearing, oral or written. (a) When held. (1) Each respondent admits or is deemed to admit sufficient allegations of the complaint to support the full amount claimed by the complainant as reparation; (2) Each respondent admits liability to the complainant in the full amount claimed by the complainant as reparation; (3) Before a hearing has been completed the parties agree in writing that the proceeding may be decided on the basis of the record as it stands at the time such agreement is filed; or (4) Before a hearing has been completed the parties settle their dispute or the complainant withdraws the complaint. (b) Whether oral or written. (1) $10,000 or more is in controversy and any respondent files a written request for an oral hearing with such respondent's answer; or (2) $10,000 or more is in controversy and any complainant files a written request for an oral hearing on or before the 20th day after service on such complainant of notice that no respondent has filed a timely request for an oral hearing; or (3) Less than $10,000 is in controversy and the presiding officer determines, upon written request by any party thereto, that an oral hearing is necessary to establish the facts and circumstances giving rise to the controversy. The hearing shall be written if not oral. (c) Withdrawal of request. (d) Presiding Officer's recommendation. (e) Representation. [51 FR 42083, Nov. 21, 1986, as amended at 55 FR 41184, Oct. 10, 1990] § 202.112 Rule 12: Oral hearing. (a) Time, place, and manner. (2) The place shall be set in accordance with paragraphs (e) and (f) of section 407 of the Act, if applicable. In essence, under paragraphs (e) and (f) of section 407 of the Act, if the complainant and the respondent, or all of the parties, if there are more than two, have their principal places of business or residence within a single unit of local government, a single geographical area within a State, or a single State, the oral hearing is to be held as near as possible to such places of business or residence, depending on the availability of an appropriate location for conducting the hearing. If the parties have such places of business or residence distant from each other, then paragraphs (e) and (f) of section 407 of the Act are not applicable. (3) The oral hearing shall be conducted by audio-visual telecommunication unless the presiding officer determines that conducting the oral hearing by personal attendance of any individual who is expected to participate in the hearing: (i) Is necessary to prevent prejudice to a party; (ii) Is necessary because of a disability of any individual expected to participate in the hearing; or (iii) Would cost less than conducting the hearing by audio-visual telecommunication. If the presiding officer determines that a hearing conducted by audio-visual telecommunication would measurably increase the United States Department of Agriculture's cost of conducting the hearing, the hearing shall be conducted by personal attendance of any individual who is expected to participate in the hearing or by telephone. (4) The presiding officer may, in his or her sole discretion or in response to a motion by a party to the proceeding, conduct the hearing by telephone if the presiding officer finds that a hearing conducted by telephone: (i) Would provide a full and fair evidentiary hearing; (ii) Would not prejudice any party; and (iii) Would cost less than conducting the hearing by audio-visual telecommunication or personal attendance of any individual who is expected to participate in the hearing. (b) Notice. (2) If the presiding officer orders an oral hearing, any party may move that the hearing be conducted by telephone or personal attendance of any individual expected to attend the hearing rather than by audio-visual telecommunication. Any motion that the hearing be conducted by telephone or personal attendance of any individual expected to attend the hearing must be accompanied by a memorandum in support of the motion stating the basis for the motion and the circumstances that require the hearing to be conducted other than by audio-visual telecommunication. (3) Within 10 days after the presiding officer issues a notice stating the manner in which the hearing is to be conducted, any party may move that the presiding officer reconsider the manner in which the hearing is to be conducted. Any motion for reconsideration must be accompanied by a memorandum in support of the motion stating the basis for the motion and the circumstances that require the hearing to be conducted other than in accordance with the presiding officer's notice. (c) Failure to appear. (d) Order of proceeding. (e) Written statements of direct testimony. (2) The parties shall not be required to exchange testimony in accordance with this paragraph if the hearing is scheduled to begin less than 20 days after the presiding officer's notice stating the time of the hearing. (f) Evidence In general. (2) Objections. (3) Offer of proof. (4) Depositions and affidavits. (5) Department records. (6) Exhibits. (ii) If the testimony of a witness refers to any document, the presiding officer shall determine whether it shall be produced at the hearing and made a part of the record as an exhibit, or whether it shall be incorporated in the record by reference. (iii) If relevant and material matter is embraced in a document containing irrelevant or immaterial matter, such irrelevant or immaterial matter shall be designated by the party offering the document in evidence, and shall be segregated and excluded, insofar as practicable. (g) Subpoenas Issuance. (2) Service; proof of service. (h) Oral argument. (i) Transcript or recording. (2) If a hearing is recorded verbatim, a party requests the transcript of a hearing or part of a hearing, and the presiding officer determines that the disposition of the proceeding would be expedited by a transcript of the hearing or part of a hearing, the presiding officer shall order the verbatim transcription of the recording as requested by the party. (3) Parties to the proceeding who desire copies of the transcript or recording of the oral hearing may make arrangements with the reporter, who will furnish and deliver such copies direct to such parties, upon receipt from such parties of payment for the transcript or recording, at the rate provided by the contract between the reporter and the Department for such reporting service. (j) Filing, and presiding officer's certificate, of the transcript or recording. (k) Keeping of copies of the transcript or recording. [43 FR 30510, July 14, 1978, as amended at 55 FR 41184, Oct. 10, 1990; 60 FR 8466, Feb. 14, 1995; 84 FR 45647, Aug. 30, 2019] § 202.113 Rule 13: Written hearing. (a) Evidence. (b) Verification. (c) Complainant's evidence. (d) Respondent's evidence. (e) Complainant's rebuttal. (f) Failure to file. (g) Extension of time for depositions. (h) Investigation report. [43 FR 30510, July 14, 1978, as amended at 55 FR 41184, Oct. 10, 1990] § 202.114 Rule 14: Post-hearing procedure. (a) Oral hearing. (b) Written hearing. (c) Service; delay in preparation of report. [43 FR 30510, July 14, 1978, as amended at 55 FR 41184, Oct. 10, 1990] § 202.115 Rule 15: Submission for final consideration. (a) Report. (b) Record. (c) Submission to judicial officer. (d) Oral argument. [43 FR 30510, July 14, 1978, as amended at 60 FR 8467, Feb. 14, 1995] § 202.116 Rule 16: Issuance of order. (a) As soon as practicable after the receipt of the record and report from the hearing clerk, the judicial officer, on the basis of and after due consideration of the record, shall issue an order in the proceeding, which shall be served on the parties. (b) If the judicial officer deems it advisable to do so, the order may be made a tentative order. In such event, a presiding officer shall be assigned and the tentative order shall be served on each party, and each party shall have 20 days in which to file written exceptions to it, and arguments or briefs in support of such exceptions. If no party timely files exceptions, the tentative order shall automatically become the final order in the proceeding, and notice of such fact shall be served on the parties. If any party timely files such exceptions, they shall be handled in the same manner as a petition filed under rule 17, § 202.117. § 202.117 Rule 17: Petition to reopen a hearing; to rehear or reargue a proceeding; to reconsider an order; or to set aside a default order. (a) Filing of petition To reopen a hearing. (2) To rehear or reargue a proceeding or reconsider an order. (3) To set aside a default order. (b) Brief or memorandum of law. (c) Procedure. (d) Service; answer. (e) Submission for decision; service of order. (f) Practice upon decision. § 202.118 Rule 18: Presiding officer. (a) Powers. (1) Set the time, place, and manner of a prehearing conference and an oral hearing, adjourn the oral hearing from time to time, and change the time, place, and manner of oral hearing; (2) Administer oaths and affirmations; (3) Issue subpoenas requiring the attendance and testimony of witnesses and the production of documentary evidence at an oral hearing; (4) Summon and examine witnesses and receive evidence at an oral hearing; (5) Take or order the taking of depositions; (6) Admit or exclude evidence; (7) Hear oral argument on facts or law; (8) Require each party to provide all other parties and the presiding officer with a copy of any exhibit that the party intends to introduce into evidence prior to any oral hearing to be conducted by telephone or audio-visual telecommunication; (9) Require each party to provide all other parties with a copy of any document that the party intends to use to examine a deponent prior to any deposition to be conducted by telephone or audio-visual telecommunication; (10) Require that any hearing to be conducted by telephone or audio-visual telecommunication be conducted at locations at which the parties and the presiding officer are able to transmit and receive documents during the hearing; (11) Require that any deposition to be conducted by telephone or audio-visual telecommunication be conducted at locations at which the parties are able to transmit and receive documents during the deposition; and (12) Do all acts and take all measures necessary for the maintenance of order and the efficient conduct of the proceeding, including the exclusion of contumacious counsel or other persons. (b) Motions and requests. Provided, (c) Reassignment. (d) Disqualification. (e) Procedure on petition for disqualification. [43 FR 30510, July 14, 1978, as amended at 60 FR 8467, Feb. 14, 1995] § 202.119 Rule 19: Fees of witnesses. Witnesses subpoenaed before the presiding officer, and witnesses whose depositions are taken, shall be entitled to the same fees and mileage as are paid for like services in the courts of the United States. Fees and mileage shall be paid by the party at whose instance the witness appears or the deposition is taken. § 202.120 Rule 20: Official notice. Official notice shall be taken of such matters as are judicially noticed by the courts of the United States and of any other matter of technical or scientific fact of established character: Provided, § 202.121 Rule 21: Intervention. At any time after docketing of a proceeding and before commencement of a hearing, oral or written, therein, the presiding officer may, upon petition, and for good cause shown, permit any person to intervene therein. The petition shall state with preciseness and particularity: (a) The petitioner's relationship to the matters involved in the proceeding; (b) the nature of the material the petitioner intends to present in evidence; (c) the nature of the argument the petitioner intends to make; and (d) the reasons why the petitioner should be allowed to intervene. Any such petition, and notice of the order thereon, shall be served on the parties and made a part of the record in the proceeding. § 202.122 Rule 22: Ex parte communications. (a) At no stage of the proceeding between its docketing and the issuance of the final decision shall the presiding officer or judicial officer discuss ex parte the merits of the proceeding with any party, or attorney or representative of a party: Provided, Provided further, (b) No party, or attorney or representative of a party, or other person not an employee of the Department, shall make or knowingly cause to be made to the presiding officer or judicial officer an ex parte communication relevant to the merits of the proceeding. (c) If the presiding officer or judicial officer receives an ex parte communication in violation of this section, the one who receives the communication shall place in the public record of the proceeding: (1) Such communication if written, or a memorandum stating the substance of such communication if oral; and (2) A copy of any written response or a memorandum stating the substance of any oral response thereto. (d) Copies of all such items placed or included in the record, as provided in this section, shall be served on all parties. (e) For purposes of this section “ex parte communication” means an oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given, but it shall not include a request for a status report on any matter or the proceeding. § 202.123 Rule 23: Action by Secretary. The Secretary may act in the place and stead of a presiding officer or the judicial officer in any proceeding hereunder, or any matter in connection therewith. Rules of Practice Applicable to All Other Proceedings Source: Sections 202.200 and 202.210 were added at 72 FR 19109, Apr. 17, 2007, unless otherwise noted. § 202.200 Scope and applicability of rules of practice. 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 adjudicatory, administrative proceedings under the Packers and Stockyards Act, as amended (7 U.S.C. 181 et seq. § 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]