[Code of Federal Regulations]
[Title 15, Volume 1, Parts 0 to 299]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR280.219]

[Page 403-404]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
 CHAPTER II--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY, DEPARTMENT 
                               OF COMMERCE
 
PART 280--FASTENER QUALITY--Table of Contents
 
                         Subpart C--Enforcement
 
Sec. 280.219  Settlement.

    (a) Cases may be settled before service of a charging letter. In 
cases in which settlement is reached before service of a charging 
letter, a proposed charging letter will be prepared, and a settlement 
proposal consisting of a settlement agreement and order will be 
submitted to the Assistant Secretary for approval and signature. If the 
Assistant Secretary does not approve the proposal, he/she will notify 
the parties and the case will proceed as though no settlement proposal 
had been made. If the Assistant Secretary approves the proposal, he/she 
will issue an appropriate order, and no action will be required by the 
administrative law judge.
    (b) Cases may also be settled after service of a charging letter. 
(1) If the case is pending before the administrative law

[[Page 404]]

judge, the ALJ shall stay the proceedings for a reasonable period of 
time, usually not to exceed 30 days, upon notification by the parties 
that they have entered into good faith settlement negotiations. The 
administrative law judge may, in his/her discretion, grant additional 
stays. If settlement is reached, a proposal will be submitted to the 
Assistant Secretary for approval and signature. If the Assistant 
Secretary approves the proposal, he/she will issue an appropriate order, 
and notify the administrative law judge that the case is withdrawn from 
adjudication. If the Assistant Secretary does not approve the proposal, 
he/she will notify the parties and the case will proceed to adjudication 
by the administrative law judge as though no settlement proposal had 
been made.
    (2) If the case is pending before the Under Secretary under 
Sec. 280.222 of this part, the parties may submit a settlement proposal 
to the Under Secretary for approval and signature. If the Under 
Secretary approves the proposal, he/she will issue an appropriate order. 
If the Under Secretary does not approve the proposal, the case will 
proceed to final decision in accordance with Section 280.623 of this 
part, as appropriate.
    (c) Any order disposing of a case by settlement may suspend the 
administrative sanction imposed, in whole or in part, on such terms of 
probation or other conditions as the signing official may specify. Any 
such suspension may be modified or revoked by the signing official, in 
accordance with the procedures set forth in Sec. 280.218(c) of this 
part.
    (d) Any respondent who agrees to an order imposing any 
administrative sanction does so solely for the purpose of resolving the 
claims in the administrative enforcement proceeding brought under this 
part. This reflects the fact that the Department has neither the 
authority nor the responsibility for instituting, conducting, settling, 
or otherwise disposing of criminal proceedings. That authority and 
responsibility is vested in the Attorney General and the Department of 
Justice.
    (e) Cases that are settled may not be reopened or appealed.

[61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, 
39803, June 28, 2000]