[Code of Federal Regulations]
[Title 15, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR280.219]

[Page 393-394]
 
                  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

[[Page 394]]

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 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administrative law judge that the case is withdrawn from adjudication.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]