[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

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

[CITE: 49CFR386.23]



[Page 259-260]

 

                        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.



    Effective Date Note: At 70 FR 28483, May 18, 2005, Sec. 386.23 was 

removed, effective November 14, 2005.

    (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



[[Page 260]]



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]