[Code of Federal Regulations]
[Title 29, Volume 5]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1905.24]

[Page 73]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                                OF LABOR
 
                           Subpart C--Hearings
 
Sec. 1905.24  Consent findings and rules or orders.

    (a) General. At any time before the reception of evidence in any 
hearing, or during any hearing 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 
proceeding. The allowance of such opportunity and the duration thereof 
shall be in the discretion of the presiding hearing examiner, after 
consideration of the nature of the proceeding, the requirements of the 
public interest, the representations of the parties, and the 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 force and effect as 
if made after a full hearing;
    (2) That the entire record on which any rule or order may be based 
shall consist solely of the application and the agreement;
    (3) A waiver of any further procedural steps before the hearing 
examiner and the Assistant Secretary; and
    (4) A waiver of any right to challenge or contest the validity of 
the findings and of the rule or order made 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 to the presiding hearing examiner 
for his consideration; or
    (2) Inform the presiding hearing examiner 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 
therefor, the presiding hearing examiner may accept such agreement by 
issuing his decision based upon the agreed findings.

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