[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR672.11]



[Page 236-237]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 672_ENFORCEMENT AND HEARING PROCEDURES--Table of Contents

 

Sec. 672.11  Informal settlement; consent agreement and order.



    (a) Settlement policy. The Agency encourages settlement of a 

proceeding at any time if the settlement is consistent with the 

provisions and objectives of the Act and applicable regulations. The 

respondent may confer with complainant concerning settlement whether or 

not the respondent requests a hearing. Settlement conferences shall not 

affect the respondent's obligation to file a timely answer.

    (b) Consent agreement. The parties shall forward a written consent 

agreement and a proposed consent order to the Presiding Officer whenever 

settlement or compromise is proposed. The consent agreement shall state 

that, for the purpose of this proceeding, respondent (1) admits the 

jurisdictional allegations of the complaint; (2) admits the facts 

stipulated in the consent agreement or neither admits nor denies 

specific factual allegations contained in the complaint; and (3) 

consents to the assessment of a stated civil penalty or to the stated 

permit revocation or



[[Page 237]]



suspension, or to other sanctions or actions in mitigation. The consent 

agreement shall include any and all terms of the agreement, and shall be 

signed by all parties or their counsel or representatives.

    (c) Consent order. No settlement or consent agreement shall dispose 

of any proceeding under the rules without a consent order from the 

Director or his delegatee. Before signing such an order, the Director or 

his delegatee may require that the parties to the settlement appear 

before him to answer inquiries relating to the consent agreement or 

order.

    (d) Actions by respondent to clean, protect, enhance, or benefit the 

environment. NSF may accept from respondent environmentally beneficial 

actions, in lieu of penalties, in whole or in part, assessed under the 

Antarctic Conservation Act. An assessment of the monetary value of any 

action in mitigation shall be made before that action is incorporated as 

a part of any consent agreement and order.