---
kind: "section"
citation: "10 C.F.R. § 851.41"
title: "10"
number: "851.41"
heading: "Settlement."
url: "https://uscodex.org/cfr/10/851.41"
---

# §851.41. Settlement.

- (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.

## Notes

### 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]