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. [71 FR 6931, Feb. 9, 2006, as amended at 88 FR 41294, June 26, 2023]