Consent Findings And Rules Or Orders

(1) General. At any time before evidence is introduced in any hearing, or during any hearing, a reasonable opportunity may be afforded to permit negotiation by the parties of any agreement containing consent findings and a rule or order disposing of the whole or any part of the proceeding. The allowance of such opportunity and the duration thereof shall be determined by the Commissioner. The Commissioner shall consider the nature of the proceeding, the public interest, the representations of the parties, and the probability of an agreement to dispose of the issues. (2) Content. Any agreement containing consent findings and a rule or order disposing of a proceeding shall also provide: (a) The rule or order shall have the same force and effect as if made after a hearing; (b) That the entire record on which any rule or order may be based shall consist solely of the application and the agreement; (c) A waiver of any further procedural steps before the Commissioner; and (d) A waiver of any right to challenge or contest the validity of the findings and of the rules or order made in accordance with the agreement. (3) Submission. On or before the expiration of the time granted for negotiations, the parties or their counsel may: (a) Submit the proposed agreement to the Commissioner for his consideration; or (b) Inform the Commissioner that an agreement cannot be reached.