[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR511.26]

[Page 41-42]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 511--ADJUDICATIVE PROCEDURES--Table of Contents
 
   Subpart C--Prehearing Procedures; Motions; Interlocutory Appeals; 
                      Summary Judgment; Settlement
 
Sec. 511.26  Settlement.

    (a) Applicability. This section applies only to cases of alleged 
violations of section 507(3) of the Motor Vehicle Information and Cost 
Savings Act, Pub. L. 94-163, 89 Stat. 911 (15 U.S.C. section 2007(3)). 
Settlement in other cases may be made only in accordance with subpart G 
of this part.
    (b) Availability. Any party shall have the opportunity to submit an 
offer of settlement to the Presiding Officer.
    (c) Form. Offers of settlement shall be in the form of a consent 
agreement and order, shall be signed by the party submitting the offer 
or his representative, and may be signed by any other party. Each offer 
of settlement shall be accompanied by a motion to transmit to the 
Administrator the proposed agreement and order, outlining the 
substantive provisions of the agreement, and the reasons why it should 
be accepted.
    (d) Contents. The proposed consent agreement and order which 
constitute the offer of settlement shall contain the following:
    (1) An admission of all jurisdictional facts;
    (2) An express waiver of further procedural steps, and of all rights 
to seek judicial review or otherwise to contest the validity of the 
order;
    (3) A description of the alleged noncompliance, or violation;

[[Page 42]]

    (4) Provisions to the effect that the allegations of the complaint 
are resolved by the proposed consent agreement and order;
    (5) A listing of the acts or practices from which the respondent 
shall refrain;
    (6) A detailed statement of the corrective action(s) which the 
respondent shall excute and the civil penalty, if any, that respondent 
shall pay.
    (e) Transmittal. The Presiding Officer shall transmit to the 
Administrator for decision all offers of settlement and accompanying 
memoranda that meet the requirements enumerated in paragraph (d) of this 
section. The Presiding Officer may, but need not, recommend acceptance 
or rejection of such offers. Any party or participant may object to a 
proposed consent agreement by filing a motion and supporting memorandum 
with the Administrator.
    (f) Stay of proceedings. When an offer of settlement has been agreed 
to by the parties and has been transmitted to the Administrator, the 
proceedings shall be stayed until the Administrator has ruled on the 
offer. When an offer of settlement has been made and transmitted to the 
Administrator but has not been agreed to by all parties, the proceedings 
shall not be stayed pending the Administrator's decision on the offer.
    (g) Administrator's ruling. The Administrator will rule upon all 
transmitted offers of settlement. If the Administrator accepts the 
offer, the Administrator shall issue an appropriate order. The order 
shall become effective upon issuance. In determining whether to accept 
an offer of settlement, the Administrator will consider the gravity of 
the alleged violation, and any good faith efforts by the respondent to 
comply with applicable requirements.
    (h) Rejection. If the Administrator rejects an offer of settlement, 
the Administrator shall give written notice of that decision and the 
reasons therefor to the parties and the Presiding Officer. Promptly 
thereafter, the Presiding Officer shall issue an order notifying the 
parties of the resumption of the proceedings, including any 
modifications to the schedule resulting from the stay of the 
proceedings.
    (i) Effect of rejected offer. Rejected offers of settlement shall 
not be admissible in evidence over the objection of any signatory, nor 
shall the fact of the proposal of the offer be admissible in evidence.

[45 FR 81578, Dec. 11, 1980, as amended at 53 FR 15783, May 3, 1988]