Idaho Admin. Code r. 04.11.01.280

Current through August 31, 2023
Section 04.11.01.280 - CONSENT AGREEMENTS - DEFINED: FORM AND CONTENTS
01.Consent Agreements Defined. Agreements between the agency or agency staff and another person(s) in which one (1) or more person(s) agree to engage in certain conduct mandated by statute, rule, order, case decision, or other provision of law, or to refrain from engaging in certain conduct prohibited by statute, rule, order, case decision, or other provision of law, are called "consent agreements." Consent agreements are intended to require compliance with existing law. (3-31-22)
02.Requirements. Consent agreements must: (3-31-22)
a. Recite the parties to the agreement; and (3-31-22)
b. Fully state the conduct proscribed or prescribed by the consent agreement. (3-31-22)
03.Additional. In addition, consent agreements may: (3-31-22)
a. Recite the consequences of failure to abide by the consent agreement; (3-31-22)
b. Provide for payment of civil or administrative penalties authorized by law; (3-31-22)
c. Provide for loss of rights, licenses, awards or authority; (3-31-22)
d. Provide for other consequences as agreed to by the parties; and (3-31-22)
e. Provide that the parties waive all further procedural rights (including hearing, consultation with counsel, etc.) with regard to enforcement of the consent agreement. (3-31-22)

Idaho Admin. Code r. 04.11.01.280