[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR386.23]

[Page 1036]
 
                        TITLE 49--TRANSPORTATION
 
                      DEPARTMENT OF TRANSPORTATION
 
PART 386_RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT FORWARDER, 
AND HAZARDOUS MATERIALS PROCEEDINGS--Table of Contents
 
                 Subpart C_Compliance and Consent Orders
 
Sec. 386.23  Content of consent order.

    (a) Every agreement filed with the Assistant Administrator under 
Sec. 386.22 must contain:
    (1) An order for the disposition of the case in a form suitable for 
the Assistant Administrator's signature that has been signed by the 
respondent;
    (2) An admission of all jurisdictional facts;
    (3) A waiver of further procedural steps, of the requirement that 
the decision or order must contain findings of fact and conclusions of 
law, and of all right to seek judicial review or otherwise challenge or 
contest the validity of the order;
    (4) Provisions that the notice of investigation or settlement 
agreement may be used to construe the terms of the order;
    (5) Provisions that the order has the same force and effect, becomes 
final, and may be modified, altered, or set aside in the same manner as 
other orders issued under 49 U.S.C. Chapters 5, 131-149, 311 and 315;
    (6) Provisions that the agreement will not be part of the record in 
the proceeding unless and until the Assistant Administrator executes it.
    (b) A consent order may also contain any of the provisions 
enumerated in Sec. 386.21--Compliance Order.

[50 FR 40306, Oct. 2, 1985. Redesignated and amended at 56 FR 10183, 
Mar. 11, 1991; 65 FR 7756, Feb. 16, 2000]