10- 144 C.M.R. ch. 351, § 13-1

Current through 2024-51, December 18, 2024
Section 144-351-13-1 - DISPOSITION BY SETTLEMENT, STIPULATION, OR CONSENT DECISION
A.Authority

Pursuant to 5 M.R.S. §9053(2), the Department, through the Division, may resolve any proceeding or any issue in a proceeding under 19-A M.R.S. §§2304, 2359 or 2451, by agreed settlement, stipulation or consent decision.

B.Settlement or Stipulation

An agreed-upon settlement or stipulation may be entered on the record by consent, either orally or presented in a written record, by the obligor and the Division representative and other parties to the case (or by each of them in the presence of the other, and agreed to on the record by one or more of them) at a hearing. The written stipulation or agreement may be made prior to the date and time of a hearing or continued hearing, and presented by the Department at hearing with or without the presence of the obligor or other parties.

C.Consent Decision

After a settlement or stipulation is made at a hearing, a Decision shall be rendered in accordance therewith by the hearing officer, provided that the proposed disposition of the proceeding is in accord with the provisions of the Manual.

D.Presentation of Decision

At the option of the Division, the Decision to be rendered in accordance with such oral or written agreement or stipulation may be presented to the hearing officer simultaneously with the agreement or stipulation. If the agreement or stipulation is in writing, the Decision may be part of the same document as the agreement or stipulation itself, or it may be presented as a separate document.

10- 144 C.M.R. ch. 351, § 13-1