06-096 C.M.R. ch. 534, § 10 - Informal Disposition Through Settlement Agreement and Consent Order

A. At any time prior to ten days before a scheduled hearing, the Department and the Operator may agree to file with the Presiding Officer a settlement agreement, which includes a proposed order, proposing a resolution of the matters to be considered during the scheduled hearing.

B. Content of agreement. Every proposed settlement agreement must contain, in addition to an appropriate proposed order, a recitation of all facts supporting the proposed order and express waivers of further procedural steps relating to the hearing and of the Operator's right to appeal. The settlement agreement must also contain a statement that it will not become part of the official record until it is accepted by the Commissioner or designee. The proposed consent order will only be presented to the Commissioner or Presiding Officer upon agreement of both the Operator and the Department.

C. Disposition of proposed agreement. Upon receiving such a proposed settlement agreement, the Commissioner or Presiding Officer may:

(1) Accept it and issue a consent order, as agreed upon;

(2) Reject it, in which case the Commissioner or designee must send a notice of rejection and notice that the hearing will be scheduled for a date, place and time certain, not less than fifteen days from the date of notice of rejection; or

(3) Take such other action as it deems appropriate.

D. The provisions of this rule do not preclude settlement of the proceedings in any other manner.

Notes

06-096 C.M.R. ch. 534, § 10