138 Neb. Admin. Code, ch. 3, § 007 - Settlement Prior to Recommended Order and Decision

3.007.01 Postponement or Recessing of Public Hearing

If, after issuance and service of a complaint and notice of hearing but prior to the close of the public hearing, the Complainant and the Respondent jointly notify the Commission in writing that they agreed to terms of settlement and adjustment, all of which are set forth in detail in said joint notification to the Commission, the Hearing Officer may order a postponement of the scheduled public hearing date, or a recessing of the public hearing if it is already in process. The parties shall submit to the Commission and the Hearing Officer a copy of the fully executed settlement agreement or a fully executed withdrawal form supplied by the Commission.

3.007.02 Settlement Order

If the terms of settlement and adjustment agreed to by the parties are approved by the Commission, or if said terms are modified by the Commission and are agreed to by the parties, the Commission shall have the written terms of settlement and adjustment prepared and signed by the parties; and the Commission shall thereupon enter upon the parties an Order in accord with the executed written terms of settlement and adjustment. Any such written terms of settlement and adjustment and any Order issued pursuant thereto shall have the same status and effect as any executed written terms of settlement and adjustment and Order entered pursuant thereto under 2.003 of these Rules and Regulations and shall be governed by the provisions of 2.003.03 of these Rules and Regulations, and shall be a matter of public record.

3.007.03 Dismissal of Complaint Due to Settlement

After the Commission has entered upon the parties the Order specified in 3.007.02 of these Rules and Regulations, it shall dismiss the complaint, but subject to the Commission's right to issue a complaint and order a public hearing under 2.004.01 of these Rules and Regulations.

3.007.04 Settlement not Approved by the Commission

If the terms of settlement and adjustment agreed to by the parties are not approved by the Commission, the Commission will not enter upon the parties an Order in accord with said terms of settlement and adjustment, and may close the case as having been settled on terms not approved by the Commission. In such event, the Commission will not issue a complaint and order a public hearing in the event of an alleged violation of said terms of settlement and adjustment.

Notes

138 Neb. Admin. Code, ch. 3, § 007