Current through Rules and Regulations filed through September 23, 2024
1.
Availability. The parties may have the opportunity to submit a settlement to the Adjudicator or submit a request for alternative dispute resolution under Rule 120-2-2-.24(4).
2.
Form. A settlement must be in the form of a proposed settlement agreement, a consent order, and a motion for its entry, which must include the reasons it should be accepted and must be signed by the consenting parties or their authorized representatives.
3.
Content of Settlement Agreement. The proposed settlement agreement must contain the following:
a. an admission of all jurisdictional facts;
b. an express waiver of further procedural steps before the Adjudicator or the Department, of any right to challenge or contest the validity of the order entered into in accordance with the agreement, and of all rights to seek judicial review or otherwise to contest the validity of the consent order;
c. a statement that the order will have the same force and effect as an order made after full hearing; and
d. a statement that matters in the parties' filings required to be adjudicated, if any, have been resolved by the proposed settlement agreement and consent order.
4.
Settlement Adjudicator; Alternative Dispute Resolution.
a. The Adjudicator, upon motion of a party or upon her/his own authority, may request that the Commissioner appoint a Settlement Adjudicator to conduct settlement negotiations or remit the adjudication to alternative dispute resolution as the Department may provide or to which the parties may agree. The order appointing the Settlement Adjudicator may confine the scope of settlement negotiations to specified issues. The order must direct the Settlement Adjudicator to report to the Commissioner at specified times.
b. If a Settlement Adjudicator is appointed, (s)he must:
i. convene and preside over conferences and settlement negotiations between the parties and assess the practicalities of a potential settlement,
ii. report to the Adjudicator describing the status of the settlement negotiations and recommending the termination or continuation of the settlement negotiations, and
iii. not discuss the merits of the case with the Adjudicator or any other person who does not have a need to know under Department rules, and not appear as a witness in the case.
c. Settlement negotiations conducted by the Settlement Adjudicator must terminate upon the order of the Commissioner issued after consultation with the Settlement Adjudicator.
d. Notwithstanding the provisions of Rule 120-2-2-.45 (Interlocutory Review), no decision concerning the appointment of a Settlement Adjudicator or the termination of the settlement negotiation is subject to review or rehearing by the Adjudicator or the Department.
5. The Adjudicator (or Settlement Adjudicator) may require that the attorney or other representative of each party be present and that the parties, or agents having full settlement authority, also be present or available by telephone.
6. None of the following is admissible in evidence-on behalf of any party-either to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction:
a. furnishing, promising, or offering (or accepting, promising to accept, or offering to accept) a valuable consideration in compromising or attempting to compromise the claim; or
b. conduct or a statement made during compromise negotiations about the claim.
7. The Adjudicator (or Settlement Adjudicator) may impose on the parties and persons having an interest in the outcome of the Adjudication such other and additional requirements as are necessary for the efficient resolution of the case, consistent with Agency precedent.
8. The conduct of settlement negotiations must not unduly delay the adjudication.
O.C.G.A. §
33-2-9et seq.
