Sec. 19a.01.03.08. Settlements

A. At any time after a matter is initiated and before a final determination by the Commission, the staff counsel and respondent may develop a proposed settlement of the matter.

B. A proposed settlement may:

(1) Be based on admissions or stipulations of fact or law;

(2) Recite actions taken or agreed to be taken by the parties;

(3) Include any sanction, penalty, or action agreed to be imposed or taken as a result of Commission acceptance of the proposed settlement; and

(4) Include any other provisions allowable by law that would define the framework for resolution of the matter.

C. A proposed settlement shall be in writing, agreed to by the staff counsel and the respondent, and may be by:

(1) Stipulation;

(2) Consent order;

(3) Waiver of hearing;

(4) Settlement agreement; or

(5) Other appropriate format.

D. A proposed settlement agreed to by the staff counsel and the respondent shall be presented to the Commission for consideration by joint motion of the parties and may be the basis for a joint request for postponement of a scheduled hearing on the complaint.

E. Commission Action.

(1) The Commission may not be bound by a proposed settlement or other resolution reached by the staff counsel and the respondent, and may accept or reject the proposed resolution as the purposes of the Ethics Law may require.

(2) A settlement accepted by the Commission may form the basis for final action by the Commission to be reflected in a final order issued pursuant to Regulation .11 of this chapter.

F. Offers of settlement or compromise which are not accepted by the Commission may not be made a part of the case record or otherwise admitted into evidence in the hearing.