10 CFR 851.41 – 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.
Terms Used In 10 CFR 851.41
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(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.