2 Alaska Admin. Code § 50.885

Current through September 25, 2024
Section 2 AAC 50.885 - Consent agreement
(a) At any time after a complaint is filed or after the staff initiates an investigation, the respondent may enter into a consent agreement with the staff. Notwithstanding 2 AAC 50.875, the staff may suspend an investigation if the respondent enters into a consent agreement before staff completes an investigation and report. A consent agreement must be in writing, must state that it is subject to commission approval, and must include an agreement regarding the assessment of civil penalties, the commission's costs of investigation and adjudication, and reasonable attorney fees, as provided in AS 15.13.390(b). The parties may present a statement of the facts supporting the consent agreement.
(b) The commission may require evidence to support a finding that the consent agreement is in the public interest and consistent with controlling law. If the commission rejects a consent agreement, the commission will provide an explanation of the reasons for rejection, and may, as appropriate under the circumstances, proceed with a hearing on the matter under investigation, consider a revised consent agreement, or allow additional evidence or argument in support of the rejected consent agreement. If the commission accepts a consent agreement, the staff and the respondent are bound by it.

2 AAC 50.885

Eff. 12/22/2011, Register 200

Authority:AS 15.13.030

AS 24.45.021

AS 24.60.220

AS 39.50.050