§ 13.13 - Consent orders.

§ 13.13 Consent orders.

(a) At any time before the issuance of an order under this subpart, the official who issued the notice and the person subject to the notice may agree to dispose of the case by the issuance of a consent order by the official.

(b) A proposal for a consent order, submitted to the official who issued the notice, under this section

The Chief Counsel, each Deputy Chief Counsel, and the Assistant Chief Counsel for Enforcement may issue a consent order to resolve any matter with a person that may be subject to legal enforcement action.

(b) A person that may be subject to legal enforcement action may propose a consent order. The proposed consent order must include -

(1) A proposed order;

(2)

An admission of all jurisdictional facts;

(

3

2) An express waiver of the right to further procedural steps and of all rights to

judicial

legal review in any forum;

(3) An express waiver of attorney's fees and costs;

(4) An If a notice or order has been issued prior to the proposed consent order, an incorporation by reference of the notice or order and an acknowledgment that the notice or order may be used to construe the terms of the consent order. ; and

(

c

5) If

the issuance of

a

consent order has been agreed upon after the filing of a

request for hearing

in accordance with subpart D of this part, the proposal for a consent order shall include a request to be filed with the Hearing Officer withdrawing the request for a hearing and requesting that the case be dismissed

or appeal is pending in any forum, a provision that the person will withdraw the request for hearing or notice of appeal.