(a) General. At any time after the commencement of a proceeding
under this part, but prior to the reception of evidence in any such
proceeding, a party 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 at the discretion of the Administrative Law Judge, 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.
(b) Content. Any agreement containing consent findings and an order
disposing of a proceeding or any part thereof 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 notice of administrative determination (or amended
notice, if one is filed), and the agreement;
(3) A waiver of any further procedural steps before the
Administrative Law Judge; and
(4) A waiver of any right to challenge or contest the validity of
the findings and order entered into in accordance with the agreement.
(c) Submission. On or before the expiration of the time granted for
negotiations, the parties or their authorized representatives or their
counsel may:
(1) Submit the proposed agreement for consideration by the
Administrative Law Judge; or
(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 therefor, the
Administrative Law Judge, within thirty (30) days thereafter, shall, if
satisfied with its form and substance, accept such agreement by issuing
a decision based upon the agreed findings.
