§ 1081.120 - Settlement.

§ 1081.120 Settlement.

(a) Availability. Any respondent in an adjudication proceeding instituted under this part, may, at any time, propose in writing an offer of settlement.

(b) Procedure. An offer of settlement shall must state that it is made pursuant to this section; shall must recite or incorporate as a part of the offer the provisions of paragraphs (c)(3) and (4) of this section; shall must be signed by the person making the offer, not by counsel; and shall must be submitted to enforcement counsel.

(c) Consideration of offers of settlement.

(1) Offers of settlement shall will be considered when time, the nature of the proceedings, and the public interest permit.

(2) Any settlement offer shall will be presented to the Director with a recommendation, except that, if the recommendation is unfavorable, the offer shall will not be presented to the Director unless the person making the offer so requests.

(3) By submitting an offer of settlement, the person making the offer waives, subject to acceptance of the offer:

(i) All hearings pursuant to the statutory provisions under which the proceeding has been instituted;

(ii) The filing of proposed findings of fact and conclusions of law;

(iii) Proceedings before, and a recommended decision preliminary findings and conclusions by, a hearing officer;

(iv) All post-hearing procedures;

(v) Judicial review by any court; and

(vi) Any objection to the jurisdiction of the Bureau under section 1053 of the Dodd-Frank Act. Consumer Financial Protection Act of 2010 (12 U.S.C. 5563).

(4) By submitting an offer of settlement the person further waives:

(i) Such provisions of this part or other requirements of law as may be construed to prevent any Bureau employee from participating in the preparation of, or advising the Director as to, any order, opinion, finding of fact, or conclusion of law to be entered pursuant to the offer; and

(ii) Any right to claim bias or prejudgment by the Director based on the consideration of or discussions concerning settlement of all or any part of the proceeding.

(5) If the Director rejects the offer of settlement, the person making the offer shall will be notified of the Director's action and the offer of settlement shall will be deemed withdrawn. The rejected offer shall will not constitute a part of the record in any proceeding against the person making the offer, provided, however, that rejection of an offer of settlement does not affect the continued validity of waivers pursuant to paragraph (c)(4) of this section with respect to any discussions concerning the rejected offer of settlement.

(d) Consent orders. If the Director accepts the offer of settlement, all terms and conditions of a settlement entered into under this section shall will be recorded in a written stipulation signed by all each settling partiesrespondent, and a consent order concluding the proceeding as to the settling respondents. The stipulation and consent order shall must be filed pursuant to § 1081.111, and shall must recite or incorporate as a part of the stipulation the provisions of paragraphs (c)(3) and (4) of this section. The Director will then issue a consent order, which shall will be a final order concluding the proceeding as to the settling respondents.