Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING
Subchapter B - RULES GOVERNING CONTESTED CASE HEARINGS
Section 11-271-118 - Informal settlement; consent agreement and order
Current through February, 2024
(a) Settlement policy. The department encourages settlement of a proceeding at any time if the settlement is consistent with the provisions and objective of HRS chapter 342J and applicable regulations. The respondent may confer with complainant concerning settlement at any time after receipt of a complaint. Settlement conferences shall not affect the respondent's obligation to file a timely answer under section 11-271-115.
(b) Consent agreement. The parties shall forward a written consent agreement and a proposed consent order to the director whenever settlement or compromise is proposed. The consent agreement shall state that, for the purpose of this proceeding, respondent (1) admits the jurisdictional allegations of the complaint; (2) admits the facts stipulated in the consent agreement or neither admits nor denies specific factual allegations contained in the complaint; and (3) consents to the assessment of a stated civil penalty or to the stated department action, as the case may be. The consent agreement shall include any and all terms of the agreement, and shall be signed by all parties or their duly authorized representatives, and counsel.
(c) Consent order. No settlement or consent agreement shall dispose of any proceeding without a consent order from the director. In preparing such an order, the director may require that the parties to the settlement appear before him to answer inquiries relating to the consent agreement or order.
