R 408.22235 Consent findings and orders.

Rule 1235. (1) At any time before the hearing or before the reception of evidence in a hearing, or during a hearing, a reasonable opportunity may be afforded to permit negotiation by the parties of an agreement containing consent findings and an order disposing of the whole or a part of the proceeding. The allowance of this opportunity and the duration thereof shall be in the discretion of the hearing officer, after considering the nature of the proceeding, the representations of the parties, and the probability of an agreement which would result in a just disposition of the issues involved. (2) An agreement containing consent findings and an order disposing of a proceeding shall also provide the following. (a) That the consent finding and order shall have the same force and effect as if made after a full hearing. (b) That the record on which an order may be based shall consist solely of the application and the agreement. (c) A waiver of any further procedural steps before the hearing officer and the director. (d) A waiver of any right to challenge or contest the validity of the consent findings and order made in accordance with the agreement. (3) On or before the expiration of the time granted for negotiations, the parties or their counsel may. (a) Submit the proposed agreement to the hearing officer for his consideration. (b) Inform the hearing officer that agreement cannot be reached. (4) In the event an agreement containing consent findings and an order is submitted within the time allowed therefor, the hearing officer shall accept the agreement by issuing his decisions based upon the agreed findings.