7 CFR 57.1000 - Administrative proceedings.

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§ 57.1000 Administrative proceedings.

(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

(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]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 21 - FOOD AND DRUGS

§ 1031 - Congressional statement of findings

§ 1032 - Congressional declaration of policy

§ 1033 - Definitions

§ 1034 - Inspection of egg products

§ 1035 - Sanitary operating practices in official plants

§ 1036 - Pasteurization and labeling of egg products at official plants

§ 1037 - Prohibited acts

§ 1038 - Cooperation with appropriate State and other governmental agencies; utilization of employees; reimbursement

§ 1039 - Eggs and egg products not intended for use as human food; inspection; denaturing or otherwise identifying

§ 1040 - Recordkeeping requirements; persons required to maintain records; scope of disclosure; access to records

§ 1041 - Enforcement provisions

§ 1042 - Reporting of violation to United States attorney for institution of criminal proceedings; procedure; presentation of views

§ 1043 - Rules and regulations; administration and enforcement

§ 1044 - Exemption of certain activities

§ 1045 - Limitation on entry of eggs and egg products and other materials into official plants

§ 1046 - Imports

§ 1047 - Refusal or withdrawal of inspection services; hearing; grounds; person deemed to have responsible connection with business; finality of order of Secretary; judicial review; other provisions for refusal of services unaffected

§ 1048 - Administrative detention of violative articles; duration; release; removal of official marks

§ 1049 - Seizure and condemnation proceedings

§ 1050 - Jurisdiction of district courts; United States as plaintiff in enforcement and restraining proceedings; subpenas for witnesses

§ 1051 - Other Federal laws applicable for administration and enforcement of chapter; prosecution of inquiries; exercise of jurisdiction

§ 1052 - State or local regulation

§ 1053 - Inspection and administration costs

§ 1054 - Annual report to Congressional committees

§ 1055 - Authorization of appropriations

§ 1056 - Separability