Goto Section: 1.243 | 1.245 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 1.244 Designation of a settlement officer.
(a) Parties may request that the presiding officer appoint a settlement
officer to facilitate the resolution of the case by settlement.
(b) Where all parties in a case agree that such procedures may be
beneficial, such requests may be filed with the presiding officer no
later than 15 days prior to the date scheduled for the commencement of
hearings or, in hearing proceedings conducted pursuant to § § 1.370
through 1.377, no later than 15 days before the date set as the
deadline for filing the affirmative case. The presiding officer shall
suspend the procedural dates in the case pending action upon such
(c) If, in the discretion of the presiding officer, it appears that the
appointment of a settlement officer will facilitate the settlement of
the case, the presiding officer shall appoint a “neutral” as defined in
5 U.S.C. 571 and 573 to act as the settlement officer.
(1) The parties may request the appointment of a settlement officer of
their own choosing so long as that person is a “neutral” as defined in
5 U.S.C. 571 and 573.
(2) The appointment of a settlement officer in a particular case is
subject to the approval of all the parties in the proceeding.
(3) Neither the Commission, nor any sitting members of the Commission,
nor the presiding officer shall serve as the settlement officer in any
(4) Other members of the Commission's staff who qualify as neutrals may
be appointed as settlement officers. The presiding officer shall not
appoint a member of the Commission's staff as a settlement officer in
any case if the staff member's duties include, or have included,
drafting, reviewing, and/or recommending actions on the merits of the
issues designated for hearing in that case.
(d) The settlement officer shall have the authority to require parties
to submit their written direct cases for review. The settlement officer
may also meet with the parties and/or their counsel, individually
and/or at joint conferences, to discuss their cases and the cases of
their competitors. All such meetings will be off-the-record, and the
settlement officer may express an opinion as to the relative merit of
the parties' positions and recommend possible means to resolve the
proceeding by settlement. The proceedings before the settlement officer
shall be subject to the confidentiality provisions of 5 U.S.C. 574.
Moreover, no statements, offers of settlement, representations or
concessions of the parties or opinions expressed by the settlement
officer will be admissible as evidence in any Commission proceeding.
[ 85 FR 63176 , Oct. 6, 2020]
Goto Section: 1.243 | 1.245
Goto Year: 2020 |
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