Goto Section: 1.93 | 1.95 | Table of Contents
Revised as of October 26, 2020
Goto Year:2020 |
§ 1.94 Consent order procedures.
Link to an amendment published at 85 FR 63173 , Oct. 6, 2020.
(a) Negotiations leading to a consent order may be initiated by the
operating Bureau or by a party whose possible violations are issues in
the proceeding. Negotiations may be initiated at any time after
designation of a proceeding for hearing. If negotiations are initiated
the presiding officer shall be notified. Parties shall be prepared at
the initial prehearing conference to state whether they are at that
time willing to enter negotiations. See § 1.248(c)(7). If either party
is unwilling to enter negotiations, the hearing proceeding shall
proceed. If the parties agree to enter negotiations, they will be
afforded an appropriate opportunity to negotiate before the hearing is
(b) Other parties to the proceeding are entitled, but are not required,
to participate in the negotiations, and may join in any agreement which
(c) Every agreement shall contain the following:
(1) An admission of all jurisdictional facts;
(2) A waiver of the usual procedures for preparation and review of an
(3) A waiver of the right of judicial review or otherwise to challenge
or contest the validity of the consent order;
(4) A statement that the designation order may be used in construing
the consent order;
(5) A statement that the agreement shall become a part of the record of
the proceeding only if the consent order is signed by the presiding
officer and the time for review has passed without rejection of the
order by the Commission;
(6) A statement that the agreement is for purposes of settlement only
and that its signing does not constitute an admission by any party of
any violation of law, rules or policy (see 18 U.S.C. 6002); and
(7) A draft order for signature of the presiding officer resolving by
consent, and for the future, all issues specified in the designation
(d) If agreement is reached, it shall be submitted to the presiding
officer or Chief Administrative Law Judge, as the case may be, who
shall either sign the order, reject the agreement, or suggest to the
parties that negotiations continue on such portion of the agreement as
he considers unsatisfactory or on matters not reached in the agreement.
If he rejects the agreement, the hearing shall proceed. If he suggests
further negotiations, the hearing will proceed or negotiations will
continue, depending on the wishes of parties to the agreement. If he
signs the consent order, he shall close the record.
(e) Any party to the proceeding who has not joined in any agreement
which is reached may appeal the consent order under § 1.302, and the
Commission may review the agreement on its own motion under the
provisions of that section. If the Commission rejects the consent
order, the proceeding will be remanded for further proceedings. If the
Commission does not reject the consent order, it shall be entered in
the record as a final order and is subject to judicial review on the
initiative only of parties to the proceeding who did not join in the
agreement. The Commission may revise the agreement and consent order.
In that event, private parties to the agreement may either accept the
revision or withdraw from the agreement. If the party whose possible
violations are issues in the proceeding withdraws from the agreement,
the consent order will not be issued or made a part of the record, and
the proceeding will be remanded for further proceedings.
(f) The provisions of this section shall not alter any existing
procedure for informal settlement of any matter prior to designation
for hearing (see, e.g., 47 U.S.C. 208) or for summary decision after
designation for hearing.
(g) Consent orders, pleadings relating thereto, and Commission orders
with respect thereto shall be served on parties to the proceeding.
Public notice will be given of orders issued by an administrative law
judge, the Chief Administrative Law Judge, or the Commission.
Negotiating papers constitute work product, are available to parties
participating in negotiations, but are not routinely available for
[ 41 FR 14871 , Apr. 8, 1976]
Goto Section: 1.93 | 1.95
Goto Year: 2020 |
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