§ 386.22 Settlement agreements and their contents.

Link(a) Settlement agreements. (1) When negotiations produce an agreement as to the amount or terms of payment of a civil penalty or the terms and conditions of an amendmentorder, publisheda atsettlement 70agreement FRshall 28482be drawn and signed by the respondent and the Field Administrator or his/her designee. Such settlement agreement must contain the following:
(i) The statutory basis of the claim;
(ii) A brief statement of the violations;
(iii) The amount claimed and the amount paid;
(iv) The date, Maytime, 18and place and form of payment;
(v) A statement that the agreement is not binding on the Agency until executed by the Field Administrator or his/her designee;
(vi) A statement that failure to pay in accordance with the terms of the agreement or to comply with the terms of the agreement may result in the reinstatement of any penalties held in abeyance and may also result in the loss of any reductions in civil penalties asserted in the Notice of Claim, 2005in which case the original amount asserted will be due immediately; and
(vii) A statement that the agreement is the Final Agency Order.
When(2) aA respondentsettlement hasagreement may contain any conditions, actions, or provisions agreed by the parties to settlementredress the violations cited in the Notice of aClaim civilor forfeiture,notice of violation.
(3) A settlement agreement accepted and approved by the Assistant Administrator or Administrative Law Judge is a Final Agency Order which is binding on all parties according to its terms. Consent to a settlement agreement which has not yet been approved by the Assistant Administrator or Administrative Law Judge may not be withdrawn for a period of 30 days.
(b) Civil Penalty Proceedings not before Agency Decisionmaker. When the parties have agreed to a settlement at any time beforeprior to the hearingcase iscoming concludedbefore the Agency decisionmaker, the parties may execute an appropriate agreement for disposing of the case. The agreement does not require approval by the Agency decisionmaker. The agreement becomes the Final Agency Order upon execution by the Field Administrator or his/her designee.
(c) Civil Penalty Proceedings before Agency Decisionmaker. When a respondent has agreed to a settlement of a civil penalty before a Final Agency Order has been issued, the parties may execute an appropriate agreement for disposal of the case by consent for the consideration of the Assistant Administrator. The agreement is filed with the Assistant Administrator, who may (a) accept it, (b) reject it and direct that proceedings in the case continue, or (c) take such other action as he/she deems appropriate. If the Assistant Administrator accepts the agreement, he/she shall enter an order in accordance with its terms. The settlement agreement becomes the Final Agency Order as of the date the Assistant Administrator enters an order accepting the settlement agreement.
[50(d) FRCivil 40306,Penalty OctProceedings before Administrative Law Judge (ALJ). 2When a respondent has agreed to a settlement of a civil penalty before the hearing is concluded, 1985the parties may execute an appropriate agreement for disposing of the case by consent for the consideration of the ALJ. RedesignatedThe atagreement 56is FRfiled 10183with the ALJ who may accept it, Mar.reject 11it, 1991;and 67direct FRthat 61821proceedings in the case continue, Octor take such other action as he/she deems appropriate. 2If the ALJ accepts the agreement, 2002]
Effectivehe/she Dateshall Note:
Atenter 70an FRorder 28482,in Mayaccordance 18,with 2005,its terms. The settlement agreement becomes the Final Agency Order as per § 386.2261.
(e) wasCivil revised,Penalty effectiveProceedings Novemberbefore 14Hearing Officer. When a respondent has agreed to a settlement of a civil penalty before the hearing is concluded, 2005the parties may execute an appropriate agreement for disposal of the case for the consideration of the Hearing Officer. ForThe agreement is filed with the convenienceHearing Officer, who, within 20 days of receipt, will make a report and recommendation to the userAssistant Administrator who may accept it, reject it, and direct that proceedings in the revisedcase textcontinue, isor settake forthsuch other action as follows:he/she deems appropriate. If the Assistant Administrator accepts the agreement, he/she will enter an order in accordance with its terms. The settlement agreement becomes the Final Agency Order as of the date the Assistant Administrator enters an order accepting the settlement agreement.
[70 FR 28482, May 18, 2005]