(a) General. At any time after the issuance of a complaint and prior
to or during the reception of evidence in any proceeding, the parties
may jointly 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 Administrative Law Judge after consideration of the
nature of the proceeding, the requirments 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.
(b) Content. Any agreement containing consent findings and an order
disposing of a proceeding shall also provide:
(1) That the order shall have the same force and effect as an order
made after full hearing;
(2) That the entire record on which any order may be based shall
consist solely of the complaint and the agreement;
(3) That any further procedural steps are waived; and
(4) That any right to challenge or contest the validity of the
findings and order entered into in accordance with the agreement is
waived.
(c) Submission. On or before the expiration of the time granted for
negotiations, the parties or their counsel may:
(1) Submit the proposed agreement to the Administrative Law Judge
for his consideration;
(2) Inform the Administrative Law Judge that agreement cannot be
reached.
(d) Disposition. In the event an agreement containing consent
findings and an order is submitted within the time allowed, the
Administrative Law Judge, within 30 days, shall accept such agreement by
issuing his decision based upon the agreed findings, and his decision
shall consititute the final Administrative order.
[43 FR 49259, Oct. 20, 1978; 43 FR 51401, Nov. 3, 1978]
