SECTION 215.316. Informal Disposition

(a) Notwithstanding any other provision in this subchapter, at any time during the contested case, the board may informally dispose of a contested case by stipulation, agreed settlement, dismissal, or consent order.

(b) If the parties have settled or otherwise determined that a contested case proceeding is not required, the party who brought the protest, complaint, or petition shall file a motion to dismiss the contested case from SOAH's docket and present a proposed agreed order or dismissal order to the board.

(c) Agreed orders must contain proposed findings of fact and conclusions of law that are signed by all parties or their authorized representatives.

(d) Upon receipt of the agreed order, the board may:

(1) adopt the settlement agreement and issue a final order;

(2) reject the settlement agreement and remand the contested case for a hearing before SOAH; or

(3) take other action that the board finds just.

Source Note: The provisions of this §215.316 adopted to be effective February 11, 2010, 35 TexReg 883; amended to be effective February 13, 2017, 42 TexReg 571