A. Availability. The parties shall have the
opportunity to submit a settlement to the Adjudicator or submit a request for
alternative dispute resolution under section D.
B. Form. A settlement shall be in the form of
a proposed settlement agreement, a consent order, and a motion for its entry,
which shall include the reasons why it should be accepted and shall be signed
by the consenting parties or their authorized representatives.
C. Content of Settlement Agreement. The
proposed settlement agreement shall contain the following:
1. An admission of all jurisdictional
facts;
2. An express waiver of
further procedural steps before the Adjudicator or SCIAA, of any right to
challenge or contest the validity of the order entered into in accordance with
the agreement, and of all rights to seek judicial review or otherwise to
contest the validity of the consent order;
3. A statement that the order shall have the
same force and effect as an order made after full hearing; and
4. A statement that matters in the pleading,
if any, required to be adjudicated have been resolved by the proposed
settlement agreement and consent order.
D. Settlement Adjudicator; Alternative
Dispute Resolution.
1. The Adjudicator, upon
motion of a party or upon her/his own motion, may request the Director of SCIAA
to appoint another Adjudicator to conduct settlement negotiations or remit the
proceeding to alternative dispute resolution as SCIAA may provide or to which
the parties may agree.
The order appointing the Settlement Adjudicator may confine
the scope of settlement negotiations to specified issues. The order shall
direct the Settlement Adjudicator to report to the Director of SCIAA at
specified time periods.
2.
If a Settlement Adjudicator is appointed, (s)he shall:
a. convene and preside over conferences and
settlement negotiations between the parties and assess the practicalities of a
potential settlement,
b. report to
the Director of SCIAA describing the status of the settlement negotiations and
recommending the termination or continuation of the settlement negotiations,
and
c. not discuss the merits of
the case with the Director of SCIAA or any other person, or appear as a witness
in the case.
3.
Settlement negotiations conducted by the Settlement Adjudicator shall terminate
upon the order of the Director of SCIAA issued after consultation with the
Settlement Adjudicator.
4. No
decision concerning the appointment of a Settlement Adjudicator or the
termination of the settlement negotiation is subject to review by, appeal to,
or rehearing by the Adjudicator or SCIAA.
E. The Adjudicator (or Settlement
Adjudicator) may require that the attorney or other representative who is
expected to try the case for each party be present and that the parties, or
agents having full settlement authority, also be present or available by
telephone.
F. No evidence,
statements, or conduct in settlement negotiations under this section will be
admissible in any subsequent hearing, except by stipulation of the parties.
Documents disclosed may not be used in litigation unless obtained through
appropriate discovery or subpoena.
G. The Adjudicator (or Settlement
Adjudicator) may impose on the parties and persons having an interest in the
outcome of the adjudication such other and additional requirements as are
necessary for the efficient resolution of the case.
H. The conduct of settlement negotiations
shall not unduly delay the hearing.
III. THE
HEARING
Comment: The hearing rules deal with scheduling and notice of
a hearing, as well as penalties for failure to appear. They outline the rules
of evidence to be used in an adjudication, including, but not limited to,
admissibility, stipulations, written testimony, exhibits, confidential
information and witness fees. They detail where the burden lies in all matters
and speak to the closing of the record. This section provides for briefs,
closing arguments and lays the groundwork for a proper record of the hearing
and the decision of the adjudicator.
