[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR820.23]

[Page 497]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 820_PROCEDURAL RULES FOR DOE NUCLEAR ACTIVITIES--Table of Contents
 
                      Subpart B_Enforcement Process
 
Sec. 820.23  Consent order.

    (a) Settlement policy. DOE encourages settlement of an enforcement 
proceeding at any time if the settlement is consistent with the 
objectives of the Act and the DOE Nuclear Safety Requirements. The 
Director and a person may confer at any time concerning settlement. 
These settlement conferences shall not be open to the public and there 
shall be no transcript.
    (b) Consent order. Notwithstanding any other provision of this part, 
DOE may at any time resolve any or all issues in an outstanding 
enforcement proceeding with a Consent Order. A Consent Order must be 
signed by the Director and the person who is its subject, or a duly 
authorized representative, must indicate agreement to the terms 
contained therein and must be filed. A Consent Order need not constitute 
an admission by any person that the Act or a DOE Nuclear Safety 
Requirement has been violated, nor need it constitute a finding by the 
DOE that such person has violated the Act or a DOE Nuclear Safety 
Requirement. A Consent Order shall, however, set forth the relevant 
facts which form the basis for the Order and what remedy, if any, is 
imposed.
    (c) Effect on enforcement adjudication. If a Consent Order is signed 
after the commencement of an enforcement adjudication, the adjudication 
of the issues subject to the Consent Order shall be stayed until the 
completion of the Secretarial Review Process. If the Consent Order 
becomes a Final Order, the adjudication shall be terminated or modified 
as specified in the Order.
    (d) Secretarial review. A Consent Order shall become a Final Order 
30 days after it is filed unless the Secretary files a rejection of the 
Consent Order or a Modified Consent Order. A Modified Consent Order 
shall become a Final Order if the Director and the person who is its 
subject sign it within 15 days of its filing.