§ 1081.200 - Commencement of proceeding and contents of notice of charges.

§ 1081.200 Commencement of proceeding and contents of notice of charges.

(a) Commencement of proceeding. A proceeding governed by subparts A, B, C, and through D of this part is commenced by filing of when the Bureau, through the Office of Enforcement, files a notice of charges by the Bureau in accordance with § 1081.111. The notice of charges must be served by the Bureau Office of Enforcement upon the respondent in accordance with § 1081.113(d)(1).

(b) Contents of a notice of charges. The notice of charges must set forth:

(1) The legal authority for the proceeding and for the Bureau's jurisdiction over the proceeding;

(2) A statement of the matters of fact and law showing that the Bureau is entitled to relief;

(3) A proposed order or prayer request for an order granting the requested relief sought;

(4) The time and place of the hearing as required by law or regulation;

(5) The time within which to file an answer as required by law or regulation;

(6) That the answer shall must be filed and served in accordance with subpart A of this part; and

(7) The docket number for the adjudication proceeding.

(c) Publication of notice of charges. Unless otherwise ordered by the BureauDirector, the notice of charges shall will be given general circulation by release to the public, by publication on the Bureau's Web site website and, where directed by the hearing officer or the Director, by publication in the Federal Register. The Bureau may publish any notice of charges after ten 14 days from the date of service except if there is a pending motion for a protective order filed pursuant to § 1081.119.

(d) Commencement of proceeding through a consent order. Notwithstanding paragraph (a) of this section, where the parties agree to settlement before the filing of a notice of charges, a proceeding may be commenced by filing a stipulation and consent order. The stipulation and consent order shall must be filed pursuant to § 1081.111. The stipulation shall must contain the information required under § 1081.120(d), and the consent order shall must contain the information required under paragraphs (b)(1) through and (b)(2) of this section. The proceeding shall will be concluded upon issuance of the consent order by the Director.

(e) Voluntary dismissal -

(1) Without an order. The Bureau Office of Enforcement may voluntarily dismiss an adjudication proceeding without an order entered by a hearing officer by filing either:

(i) A notice of dismissal before the respondent(s) serves an answer; or

(ii) A stipulation of dismissal signed by all parties who have appeared.

(2) Effect. Unless the notice or stipulation states otherwise, the dismissal is without prejudice, and does not operate as an adjudication on the merits.

[77 FR 39083, June 29, 2012, as amended at 78 FR 59164, Sept. 26, 2013]