2 AAC 50.885 - Consent agreement
(a) At any time after a complaint is filed or
after the staff initiates an investigation, the respondent may enter into a
consent agreement with the staff. Notwithstanding
2
AAC 50.875, the staff may suspend an investigation if
the respondent enters into a consent agreement before staff completes an
investigation and report. A consent agreement must be in writing, must state
that it is subject to commission approval, and must include an agreement
regarding the assessment of civil penalties, the commission 's costs of
investigation and adjudication, and reasonable attorney fees, as provided in
AS
15.13.390(b). The parties
may present a statement of the facts supporting the consent
agreement.
(b) The commission may
require evidence to support a finding that the consent agreement is in the
public interest and consistent with controlling law. If the commission rejects
a consent agreement, the commission will provide an explanation of the reasons
for rejection, and may, as appropriate under the circumstances, proceed with a
hearing on the matter under investigation, consider a revised consent
agreement, or allow additional evidence or argument in support of the rejected
consent agreement. If the commission accepts a consent agreement, the staff and
the respondent are bound by it.
Notes
Authority:AS 15.13.030
AS 24.45.021
AS 24.60.220
AS 39.50.050
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