§ 851.41. Settlement.
197 words·~1 min read·
/us/cfr/t10/s§ 851.41·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)DOE encourages settlement of a proceeding under this subpart at any time if the settlement is consistent with this part. The Enforcement Director and a contractor may confer at any time concerning settlement. A settlement conference is not open to the public and DOE does not make a transcript of the conference.
(b)Notwithstanding any other provision of this part, the Enforcement Director may resolve any issues in an outstanding proceeding under this subpart with a consent order.
(1)The Enforcement Director and the contractor, or a duly authorized representative thereto, must sign the consent order and indicate agreement to the terms contained therein.
(2)A contractor is not required to admit in a consent order that a requirement of this part has been violated.
(3)DOE is not required to make a finding in a consent order that a contractor has violated a requirement of this part.
(4)A consent order must set forth the relevant facts that form the basis for the order and what remedy, if any, is imposed.
(5)A consent order shall constitute a final order. [71 FR 6931, Feb. 9, 2006, as amended at 88 FR 41294, June 26, 2023]