SECTION 60.304. Disposition by Agreement

(a) Disposition by agreement of any contested case may be made by stipulation, agreed settlement, or consent order, unless precluded by law.

(b) The commission may designate its presiding officer or the executive director to adopt or reject stipulations, settlement agreements, or consent orders.

(c) Parties agreeing to disposition by agreement shall prepare written stipulations, consent order, or settlement agreement, containing proposed findings of fact and conclusions of law, which shall be signed by all the agreeing parties and their designated representatives.

(d) Upon receipt of the written stipulations, consent order, or settlement agreement the executive director or the commission may:

(1) adopt the written stipulations, consent order, or settlement agreement and issue a final order;

(2) reject the written stipulations, consent order, or settlement agreement and remand the contested case for a hearing before SOAH;

(3) reject the written stipulations, consent order, or settlement agreement and order further investigation by the department; or

(4) take such other action as the executive director or the commission find just.

Source Note: The provisions of this §60.304 adopted to be effective July 1, 2009, 34 TexReg 4326; amended to be effective February 15, 2016, 41 TexReg 793; amended to be effective June 1, 2023, 48 TexReg 2694