(a) At any time before the issuance of an order of compliance, an agency attorney and the alleged violator may agree to dispose of the case by the issuance of a consent order of compliance.
(b) The alleged violator may submit a proposed consent order to an agency attorney. The proposed consent order must include—
(1) An admission of all jurisdictional facts;
(2) An express waiver of the right to further procedural steps and of all rights to legal review in any forum;
(3) An express waiver of attorney's fees and costs;
(4) If a notice has been issued prior to the proposed consent order of compliance, an incorporation by reference of the notice and an acknowledgement that the notice may be used to construe the terms of the consent order of compliance; and
(5) If a request for hearing is pending in any forum, a provision that the alleged violator will withdraw the request for a hearing and request that the case be dismissed.
authority: 18 U.S.C. 6002;
28 U.S.C. 2461 (note);
49 U.S.C. 106(g), 5121-5124, 40113-40114, 44103-44106, 44701-44704, 44709-44710, 44713, 44725, 44742, 44802 (note), 46101-46111, 46301, 46302 (for a violation of
49 U.S.C. 46504), 46304-46316, 46318-46320, 46501-46502, 46504, 46507, 47106, 47107, 47111, 47122, 47306, 47531-47532;
49 CFR 1.83
source: Docket No. 18884, 44 FR 63723, Nov. 5, 1979, unless otherwise noted.
cite as: 14 CFR 13.77