Conn. Agencies Regs. § 21a-9-7 - Informal disposition in contested cases

Current through March 4, 2022

(a) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. A respondent may agree to enter an agreement containing a consent order in lieu of a hearing on the issue(s). Such agreement may be negotiated by the respondent and the complaint counsel or authorized representative of said agency provided that said authorized representative shall not be a member of said agency. The acceptance of a consent agreement is within the complete discretion of the agency and prior to exercising such discretion the agency may designate a member independently to confer with the parties and then present to the agency hearing panel a recommendation whether to accept or reject such agreement, provided that in order to avoid prejudice the reasons forming the basis for such recommendation shall not be disclosed to such panel, and such member making the recommendation shall not be a member of the agency hearing panel rendering the decision.
(b) A consent agreement shall contain:
(1) An admission of all jurisdictional facts;
(2) An express waiver of the right to seek judicial review or otherwise challenge or contest the validity of the order;
(3) An express waiver of the requirement that the decision of said board or commission contain findings of fact and conclusion of law;
(4) A provision that the complaint may be used in construing the terms of the order;
(5) A statement that the order contained therein shall have the same force and effect as an order entered after a full hearing and shall become final when issued;
(6) A statement that said order shall not be effective unless and until accepted and approved by said agency;
(7) The signature of each respondent or his attorney; and
(8) The signature of said agency chairman-accepting and approving the consent agreement.

Notes

Conn. Agencies Regs. § 21a-9-7
Effective February 22, 1984

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