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Historical textIn force on Oct. 1, 2000Source: annual CFR editions 2000–2004

§ 386.23 Content of consent order.

Wording in the annual edition revised as of Oct. 1, 2000, superseded by the 2005 annual edition.

govinfo, 2000 edition ↗
Before Jan. 1, 2017 the record is one snapshot per annual CFR edition, revised as of October 1. This is the 2000 edition's wording. An amendment that took effect between Oct. 1, 2000 and Oct. 1, 2000 would not appear until the next edition, so check the citations below and the Federal Register for exact effective dates.
What changedOct. 1, 1996 wording → Oct. 1, 2000 wording+15 added−15 removedHide

(a) Every agreement filed with the AssociateAssistant Administrator under § 386.22 must contain:
(1) An order for the disposition of the case in a form suitable for the AssociateAssistant Administrator's signature that has been signed by the respondent;
(2) An admission of all jurisdictional facts;
(3) A waiver of further procedural steps, of the requirement that the decision or order must contain findings of fact and conclusions of law, and of all right to seek judicial review or otherwise challenge or contest the validity of the order;
(4) Provisions that the notice of investigation or settlement agreement may be used to construe the terms of the order;
(5) Provisions that the order has the same force and effect, becomes final, and may be modified, altered, or set aside in the same manner as other orders issued under 49 U.S.C. 501Chapters et seq.5, 2501 et seq.131-149, 3101311 et seq., and 10927, note315; and
(6) Provisions that the agreement will not be part of the record in the proceeding unless and until the AssociateAssistant Administrator executes it.
(b) A consent order may also contain any of the provisions enumerated in § 386.21—Compliance Order.
[50 FR 40306, Oct. 2, 1985. Redesignated and amended at 56 FR 10183, Mar. 11, 1991; 65 FR 7756, Feb. 16, 2000]

(a) Every agreement filed with the Assistant Administrator under § 386.22 must contain:

(1) An order for the disposition of the case in a form suitable for the Assistant Administrator's signature that has been signed by the respondent;

(2) An admission of all jurisdictional facts;

(3) A waiver of further procedural steps, of the requirement that the decision or order must contain findings of fact and conclusions of law, and of all right to seek judicial review or otherwise challenge or contest the validity of the order;

(4) Provisions that the notice of investigation or settlement agreement may be used to construe the terms of the order;

(5) Provisions that the order has the same force and effect, becomes final, and may be modified, altered, or set aside in the same manner as other orders issued under 49 U.S.C. Chapters 5, 131-149, 311 and 315;

(6) Provisions that the agreement will not be part of the record in the proceeding unless and until the Assistant Administrator executes it.

(b) A consent order may also contain any of the provisions enumerated in § 386.21—Compliance Order.

[50 FR 40306, Oct. 2, 1985. Redesignated and amended at 56 FR 10183, Mar. 11, 1991; 65 FR 7756, Feb. 16, 2000]

Amendment history

3 distinct wordings on file since Oct. 1, 1996
  1. [50 FR 40306, Oct. 2, 1985. Redesignated and amended at 56 FR 10183, Mar. 11, 1991; 65 FR 7756, Feb. 16, 2000]
  2. Oct. 1, 2000 → Oct. 1, 2005annual editions 2000–2004diff vs. previousviewing
    [50 FR 40306, Oct. 2, 1985. Redesignated and amended at 56 FR 10183, Mar. 11, 1991; 65 FR 7756, Feb. 16, 2000]
  3. Oct. 1, 1996 → Oct. 1, 2000annual editions 1996–1999
    [50 FR 40306, Oct. 2, 1985. Redesignated and amended at 56 FR 10183, Mar. 11, 1991]

A new entry appears whenever the regulatory words change between government snapshots. Day-precise from the eCFR (2017 onward); before that, one snapshot per annual CFR edition (revised as of October 1). Bracketed citations are the Federal Register history printed with the section.