---
kind: "section"
citation: "10 C.F.R. § 429.132"
title: "10"
number: "429.132"
heading: "Compromise and settlement."
url: "https://uscodex.org/cfr/10/429.132"
---

# §429.132. Compromise and settlement.

- (a) DOE may compromise, modify, or remit, with or without conditions, any civil penalty (with leave of court if necessary).
- (b) In exercising its authority under [paragraph (a)](#a) of this section, DOE may consider the nature and seriousness of the violation, the efforts of the respondent to remedy the violation in a timely manner, and other factors as justice may require.
- (c) DOE's authority to compromise, modify or remit a civil penalty may be exercised at any time prior to a final decision by the United States Court of Appeals if [§ 429.126](/cfr/10/429.126.md) procedures are utilized, or prior to a final decision by the United States District Court, if [§ 429.128](/cfr/10/429.128.md) procedures are utilized.
- (d) Notwithstanding [paragraph (a)](#a) of this section, DOE or the respondent may propose to settle the case. If a settlement is agreed to by the parties, the respondent is notified and the case is closed in accordance with the terms of the settlement.

## Notes

### Authority

Authority: 42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.

### Source

Source: 76 FR 12451, Mar. 7, 2011, unless otherwise noted.