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§190.219. Consent order.

49 C.F.R. § 190.219

(a)
At any time prior to the resolution of an enforcement proceeding under subpart B of this part, the Regional Director and respondent may agree to resolve the case by execution of a consent agreement and order, which may be jointly executed by the parties and issued by the Associate Administrator. Upon execution, the consent order is considered a final order under § 190.213.
(b)
A consent order executed under paragraph (a) of this section shall include:
(1)
An admission by the respondent of all jurisdictional facts;
(2)
An express waiver of further procedural steps and of all right to seek judicial review or otherwise challenge or contest the validity of that order;
(3)
An acknowledgement that the notice may be used to construe the terms of the consent order; and
(4)
A statement of the actions required of the respondent and the time by which such actions shall be accomplished.
(c)
Prior to the execution of a consent agreement and order arising out of a corrective action order under § 190.233, the Associate Administrator will notify any appropriate State official in accordance with 49 U.S.C. 60112(c).
Notes, amendments, and revision history

Amendments

[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18514, Apr. 26, 1996; Amdt. 190-16, 78 FR 58912, Sept. 25, 2013; Amdt. No. 190-26, 91 FR 21973, Apr. 24, 2026]

Authority

Authority: 33 U.S.C. 1321(b); 49 U.S.C. 60101 et seq.

Source

Source: 45 FR 20413, Mar. 27, 1980, unless otherwise noted.

Amendments

[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18514, Apr. 26, 1996; Amdt. 190-16, 78 FR 58912, Sept. 25, 2013; Amdt. No. 190-26, 91 FR 21973, Apr. 24, 2026]