TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER c: HAZARDOUS MATERIALS TRANSPORTATION REGULATIONS
PART 107 PROCEDURES
SECTION 107.1320 CONSENT ORDER


 

Section 107.1320  Consent Order

 

a)         At any time before the issuance of an order under Section 107.337, the Department and the respondent may execute an agreement for disposing of the case by the entry of a consent order. If the Director accepts the agreement, he issues an order in accordance with its terms.  If the Director rejects the agreement, he directs that the proceeding continue.

 

b)         An agreement submitted to the Director under this section must include:

 

1)         A proposed compliance order suitable for the Director's signature;

 

2)         An admission of all jurisdictional facts;

 

3)         An express waiver of further procedural steps and of all right to seek judicial review or otherwise challenge or contest the validity of the order; and

 

4)         An acknowledgment that the notice of probable violation may be used to construe the terms of the order.