1921.8(a) General. At any time after the issuance of a complaint and prior to the reception of evidence in any
proceeding, the respondent may move to defer the receipt of any evidence for a reasonable time to permit negotiation of an agreement containing
consent findings and an order disposing of the whole or any part of the proceeding. The allowance of such deferment and the duration thereof shall be
in the discretion of the hearing examiner, after consideration of the nature of the proceeding, the requirements of the public interest, the
representations of the parties, and the probability of an agreement being reached which will result in a just disposition of the issues
involved.
1921.8(b) Content. Any agreement containing consent findings and an order disposing of a proceeding shall also
provide:
1921.8(b)(1) That the order shall have the same force and effect as an order made after full hearing;
1921.8(b)(2) That the entire record on which any order may be based shall consist solely of the complaint and the
agreement;
1921.8(b)(3) A waiver of any further procedural steps before the hearing examiner or the Director; and
..1921.8(b)(4)
1921.8(b)(4) A waiver of any right to challenge or contest the validity of the findings and order entered into in
accordance with the agreement.
1921.8(c) Submission. On or before the expiration of the time granted for negotiations, the parties or their
counsel may:
1921.8(c)(1) Submit the proposed agreement to the hearing examiner for his consideration; or
1921.8(c)(2) Inform the hearing examiner that agreement cannot be reached.
1921.8(d) Disposition. In the event an agreement containing consent findings and an order is submitted within the
time allowed therefor, the hearing examiner within 30 days thereafter shall accept such agreement by issuing his decision based upon the agreed
findings.
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