Informal disposition in contested cases

(a) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order or default. A respondent may agree to enter an agreement containing a consent order in lieu of a hearing on the issue(s). Such agreement may be negotiated by the respondent or his counsel and the authorized representative of the department. The acceptance of a consent agreement is within the complete discretion of the commissioner or his designee. (b) A consent agreement shall contain: (1) An admission of all jurisdictional facts; (2) An express waiver of the right to seek judicial review or otherwise challenge or contest the validity of the order; (3) An express waiver of the requirement that the decision of said commissioner or hearing officer contain findings of fact and conclusions of law; (4) A provision that the complaint may be used in construing the terms of the order; (5) A statement that the order contained therein shall have the same force and effect as an order entered after a full hearing and shall become final when issued; (6) A statement that said order shall not be effective unless and until accepted and approved by the commissioner or his designee; (7) The signature of each respondent or his attorney; and (8) The signature of the commissioner or his designee accepting and approving the consent agreement.