9 CFR § 167.10 - Stipulations.

---
identifier: "/us/cfr/t9/s167.10"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "9 CFR § 167.10 - Stipulations."
title_number: 9
title_name: "Animals and Animal Products"
section_number: "167.10"
section_name: "Stipulations."
chapter_name: "ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE"
subchapter_number: "L"
subchapter_name: "SWINE HEALTH PROTECTION"
part_number: "167"
part_name: "RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE SWINE HEALTH PROTECTION ACT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "7 U.S.C. 3804, 3805, and 3811; 7 CFR 2.22, 2.80, and 371.4."
regulatory_source: "48 FR 30095, June 30, 1983, unless otherwise noted."
cfr_part: "167"
---


# 167.10 Stipulations.

(a) At any time prior to the issuance of a complaint seeking a civil penalty under the Act, 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 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 which may include an agreement to pay a specified penalty within a designated time; and

(3) The Administrator agrees to accept the order in settlement of the particular matter conditioned upon timely payment of the penalty if the order includes an agreement to pay a penalty.

(b) If the order includes an agreement to pay a penalty and the penalty is not paid within the time designated in such a stipulation, the amount of the penalty shall not be relevant in any respect to the penalty which may be assessed after issuance of a complaint.