[Code of Federal Regulations]
[Title 30, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 30CFR44.27]

[Page 192-193]
 
                       TITLE 30--MINERAL RESOURCES
 
  CHAPTER I--MINE SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 44--RULES OF PRACTICE FOR PETITIONS FOR MODIFICATION OF MANDATORY SAFETY STANDARDS--Table of Contents
 
                           Subpart C--Hearings
 
Sec. 44.27  Consent findings and rules or orders.

    (a) General. At any time after a request for hearing is filed in 
accordance with Sec. 44.14, a reasonable opportunity may be afforded to 
permit negotiation by the parties of an agreement containing consent 
findings and a rule or order disposing of the whole or any part of the 
proceedings. Allowance of such opportunity and the duration thereof 
shall be in the discretion of the Chief Administrative Law Judge, if no 
administrative law judge has been assigned, or of the presiding 
administrative law judge. In deciding whether to afford such an 
opportunity, the administrative law judge shall consider the nature of 
the proceeding, requirements of the public interest, representations of 
the parties, and probability of an agreement which will result in a just 
disposition of the issues involved.
    (b) Contents. Any agreement containing consent findings and rule or 
order disposing of a proceeding shall also provide:
    (1) That the rule or order shall have the same effect as if made 
after a full hearing;
    (2) That the record on which any rule or order may be based shall 
consist of the petition and agreement, and all other pertinent 
information, including: any request for hearing on the petition; the 
investigation report; discovery;

[[Page 193]]

motions and requests, filed in written form and rulings thereon; any 
documents or papers filed in connection with prehearing conferences; 
and, if a hearing has been held, the transcript of testimony and any 
proposed findings, conclusions, rules or orders, and supporting reasons 
as may have been filed.
    (3) A waiver of further procedural steps before the administrative 
law judge and Assistant Secretary; and
    (4) A waiver of any right to challenge or contest the validity of 
the findings and rule or order made in accordance with the agreement.
    (c) Submission. On or before expiration of the time granted for 
negotiations, the parties or their counsel may:
    (1) Submit the proposed agreement to the Chief Administrative Law 
Judge or presiding administrative law judge, as appropriate, for his 
consideration; or
    (2) Inform the Chief Administrative Law Judge or presiding 
administrative law judge, as appropriate, that agreement cannot be 
reached.
    (d) Disposition. In the event an agreement containing consent 
findings and rule or order is submitted within the time allowed, the 
Chief Administrative Law Judge or presiding administrative law judge, as 
appropriate, may accept the agreement by issuing his decision based upon 
the agreed findings.

[43 FR 29518, July 7, 1978, as amended at 55 FR 53442, Dec. 28, 1990]