§851.41. Settlement.
10 C.F.R. § 851.41
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.
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.
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.
A contractor is not required to admit in a consent order that a requirement of this part has been violated.
DOE is not required to make a finding in a consent order that a contractor has violated a requirement of this part.
A consent order must set forth the relevant facts that form the basis for the order and what remedy, if any, is imposed.
A consent order shall constitute a final order.
Notes, amendments, and revision history
Amendments
[71 FR 6931, Feb. 9, 2006, as amended at 88 FR 41294, June 26, 2023]
Authority
Authority: 42 U.S.C. 2201(i)(3), (p); 42 U.S.C. 2282c; 42 U.S.C. 5801 et seq.; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; 28 U.S.C. 2461 note.
Source
Source: 71 FR 6931, Feb. 9, 2006, unless otherwise noted.
Amendments
[71 FR 6931, Feb. 9, 2006, as amended at 88 FR 41294, June 26, 2023]