4.8 - Settlement and Consent Findings

(a) Generally

Parties and their authorized representatives may (and are encouraged to) engage in settlement negotiations during the course of Office of the Chief Administrative Hearing Officer (OCAHO) proceedings.  If the parties have entered into a settlement agreement, they must take one of the following actions:

• submit to the Administrative Law Judge (ALJ) the settlement agreement containing consent findings, along with a proposed decision and order; or

• notify the ALJ that the parties have reached a full settlement and have agreed to the dismissal of the case.

(b) Contents of Consent Findings

A settlement agreement containing consent findings and a proposed decision and order disposing of a case (or any part of a case) must include the following provisions:

• that the decision and order based on consent findings shall have the same force and effect as a decision and order made after full hearing;

• that the entire record on which any decision and order may be based consists solely of the complaint, Notice of Case Assignment, and any other pleadings and documents specified by the ALJ;

• a waiver of any further procedural steps before the ALJ; and

• a waiver of any right to challenge or contest the validity of the decision and order entered into in accordance with the agreement.

(c) Disposition and Dismissal

      (1) Consent Findings - If the ALJ is satisfied with the timeliness, form, and substance of an agreement containing consent findings, the ALJ will accept the agreement by entering a decision and order based upon the agreed findings.  However, the ALJ may conduct a hearing to determine the fairness of the agreement.

      (2) Settlement - Dismissal of an OCAHO case based on settlement is subject to the approval of the ALJ.  The ALJ may require the parties to file a copy of the settlement agreement.