[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR76.20]

[Page 323]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 76--RULES OF PROCEDURE FOR ASSESSMENT OF CIVIL PENALTIES FOR POSSESSION OF CERTAIN CONTROLLED SUBSTANCES--Table of Contents
 
Sec. 76.20  Consent Order or settlement prior to hearing.

    (a) Generally. At any time after the commencement of a proceeding, 
the parties jointly may move to defer the hearing for a reasonable time 
to permit negotiation of a settlement or an agreement containing 
findings and an order disposing of the whole or any part of the 
proceeding. The allowance of such deferment and the duration thereof 
shall be at the discretion of the Judge, after consideration of such 
factors as the nature of the proceeding, the requirements of the public 
interest, the representations of the parties, and the probability of 
reaching an agreement which will result in a just disposition of the 
issue involved. The Judge may require the parties to submit progress 
reports on a regular basis as to the status of negotiations.
    (b) Consent orders. Any agreement containing consent findings and an 
order disposing of a proceeding or any part thereof shall also provide:
    (1) That the order shall have the same force and effect as an order 
made after full hearing;
    (2) That the entire record on which any order may be based shall 
consist solely of the complaint or notice of administrative 
determination (or amended notice, if one is filed), as appropriate, and 
the agreement;
    (3) A waiver of any further procedural steps before the Judge; and
    (4) A waiver of any right to challenge or contest the validity of 
the order entered into in accordance with the agreement.
    (c) Submission. On or before the expiration of the time granted for 
negotiations, the parties or their counsel may:
    (1) Submit the proposed agreement containing consent findings and an 
order for consideration by the Judge; or
    (2) Notify the Judge that the parties have reached a full settlement 
and have agreed to dismissal of the action; or
    (3) Inform the Judge that agreement cannot be reached.
    (d) Disposition. In the event that an agreement containing consent 
findings and an order is submitted, the Judge, within thirty (30) days 
or as soon as practicable thereafter may, if satisfied with its 
timeliness, form, and substance, accept such agreement by issuing a 
decision based upon the agreed findings. The Judge has the discretionary 
authority to conduct a hearing to determine the fairness of the 
agreement, consent findings, and proposed order.