(c) The transfer of functions between Deputy Administrators.

(d) The transfer of funds between Deputy Administrators.

(e) The transfer of funds between work projects within each Deputy Administrator's area, except those not exceeding 10 percent of base funds or $50,000 in either work project, whichever is less.

(f) The approval of any change in the formal organization including a section, its equivalent, or higher level.

(g) The making of recommendations to the Department concerning establishment, consolidation, change in location, or abolishment of (1) regional, State area, and other field headquarters offices, and (2) any region or other program area that involves two or more States, or that crosses State lines, except PPQ Districts which are under the authority of the Deputy Administrator, PPQ.

(h) Authority to establish, consolidate, or change a location or abolish any field office or change program area boundaries not included in (g) above.

(i) Approval of all appointments, promotions, and reassignments in GS14 and above.

(j) Authorization for foreign travel and attendance at international and foreign meetings including those held in the United States.

(k) Approval of all appointments, promotion, and reassignments of employees to foreign countries.

(1) Approval of budget estimates.

(m) Authority to determine the circumstances under which commuted traveltime allowances may be paid to employees performing inspection and necessary auxiliary services after normal working hours or on holidays, when such services come within the scope of the Act of August 28, 1950 (7 U.S.C. 2260).

[45 FR 8564, Feb. 8, 1980, as amended at 48 FR 50295, Nov. 1, 1983. Redesignated at 51 FR 11704, Apr. 7, 1986]

§ 371.11 Availability of information and records.

Any person desiring information or to make submittals or requests with respect to the programs and functions of the Agency should address a re

380.1 Scope and applicability of rules of practice.

Subpart B-Supplemental Rules of Practice 380.10 Stipulations.

AUTHORITY: Sec. 1, 37 Stat. 315, as amended; sec. 5, 37 Stat. 316, as amended; sec. 7, 37 Stat. 317, as amended; secs. 8 and 10, 37 Stat. 318, as amended; sec. 9, 37 Stat. 318; sec. 10, 45 Stat. 468; sec. 15, 45 Stat. 565; 56 Stat. 40, as amended; secs. 103 and 105, 71 Stat. 32, as amended; sec. 106, 71 Stat. 33; sec. 108, 71 Stat. 34, as amended; sec. 11(a), 87 Stat. 897; sec. 4, 95 Stat. 1074; 7 U.S.C. 149, 150bb 150dd, 150ee, 150gg, 154, 159– 164a, 167, 16 U.S.C. 1540(a), 3373 (a) and (b), 7 CFR 2.17, 2.51, 371.2(c).

Subpart A-General

§ 380.1 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 CFR are the Rules of Practice applicable to adjudicatory, administrative proceedings under the following statutory provisions:

Act of August 20, 1912, commonly known as the Plant Quarantine Act, section 10, as amended (7 U.S.C. 163, 164),

Act of January 31, 1942, as amended (7 U.S C. 149),

Federal Plant Pest Act, section 108, as amended (7 U.S.C. 150gg),

Endangered Species Act Amendments of 1973, as amended, section 11(a) (16 U.S.C. 1540 (a)), and

Lacey Act Amendments of 1981, section 4 (a) and (b) (16 U.S.C. 3373 (a) and (b)).

In addition, the Supplemental Rules of Practice set forth in Subpart B of this part shall be applicable to such proceedings.

[49 FR 22247, May 29, 1984]

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 thereun

der, 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]

PARTS 381-399 [RESERVED]