• Part Number:
    1921
  • Part Number Title:
    Rules of Practice in Enforcement Proceedings Under Section 41 of the Longshoremen's and Harbor Workers Compensation Act
  • Subpart:
    1921 Subpart B
  • Subpart Title:
    Prehearing Procedures
  • Standard Number:
  • Title:
    Consent findings and order.
  • GPO Source:
    e-CFR
1921.8(a)

General. At any time after the issuance of a complaint and prior to the receiption of evidence in any proceeding, the respondent may move to defer the receipt of any evidence for a reasonable time to permit negotiation of an agreement containing consent findings and an order disposing of the whole or any part of the proceeding. The allowance of such deferment and the duration thereof shall be in the discretion of the hearing examiner, after consideration of the nature of the proceeding, the requirements of the public interest, the representations of the parties, and the probability of an agreement being reached which will result in a just disposition of the issues involved.

1921.8(b)

Content. Any agreement containing consent findings and an order disposing of a proceeding shall also provide:

1921.8(b)(1)
That the order shall have the same force and effect as an order made after full hearing;
1921.8(b)(2)
That the entire record on which any order may be based shall consist solely of the complaint and the agreement;
1921.8(b)(3)
A waiver of any further procedural steps before the hearing examiner or the Director; and
1921.8(b)(4)
A waiver of any right to challenge or contest the validity of the findings and order entered into in accordance with the agreement.
1921.8(c)

Submission. On or before the expiration of the time granted for negotiations, the parties or their counsel may:

1921.8(c)(1)
Submit the proposed agreement to the hearing examiner for his consideration; or
1921.8(c)(2)
Inform the hearing examiner that agreement cannot be reached.
1921.8(d)

Disposition. In the event an agreement containing consent findings and an order is submitted within the time allowed therefor, the hearing examiner within 30 days thereafter shall accept such agreement by issuing his decision based upon the agreed findings.