A.
Request
for Disposal of Proceedings by Consent Order - How Made. At any time
prior to ten (10) days before a scheduled hearing and subject to the provisions
of subsection C (2), a Respondent may file with the Board a statement
indicating his desire to dispose of the proceeding by the entry of a consent
order. On receipt of such statement the Commissioner shall notify the Board and
the Respondent that the hearing has been stayed.
Within thirty (30) days after receiving notice of such stay,
an executed agreement conforming to the requirements of this section shall be
submitted to the Board.
B.
Agreement - Contents. Every agreement shall contain, in addition
to an appropriate order, an admission of all jurisdictional facts and express
waivers of further procedural steps before the Board, and of the Respondent's
right to appeal. The agreement shall also contain provisions that it shall not
become part of the official record unless and until it is accepted by the
Board. In addition, the agreement may contain a statement that the signing
thereof is for settlement purposes only and does not constitute an admission by
any party that the law has been violated as alleged in the notice.
C.
Disposition of Proposed Agreement by
Board. Upon receiving such agreement the Board may:
(1) Accept it and issue the order agreed
upon;
(2) Reject it, in which case
the Board shall send a notice of rejection and an order that hearing be had at
a date, place and time specified, not less than fifteen (15) days from the date
of notice of rejection. The Respondent shall then file his answer within the
period prescribed by section 40.5 and no other agreement may be presented to
the Board; or
(3) Take such other
action as it deems appropriate.
If no agreement is received by the Board within the 30-day
period prescribed by section 40.7 of this Regulation the Board shall proceed as
though such agreement had been presented and rejected.
The provisions of this Regulation shall not preclude
settlement of the proceedings in any other manner.
