190.219 Consent order.§ 190.219 Consent order.
(a) At any time prior to the issuance of a compliance order under § 190.217, a corrective action order under § 190.233, or a safety order under § 190.239, the Regional Director and the respondent may agree to resolve the case by execution of a consent agreement and order, which may be jointly executed by the parties and issued by the Associate Administrator. Upon execution, the consent order is considered a final order under § 190.213.
(b) A consent order executed under paragraph (a) of this section shall include:
(1) An admission by the respondent of all jurisdictional facts;
(2) An express waiver of further procedural steps and of all right to seek judicial review or otherwise challenge or contest the validity of that order;
(3) An acknowledgement that the notice of probable violation may be used to construe the terms of the consent order; and
(4) A statement of the actions required of the respondent and the time by which such actions shall be accomplished.
(c) Prior to the execution of a consent agreement and order arising out of a corrective action order under § 190.233, the Associate Administrator will notify any appropriate State official in accordance with 49 U.S.C. 60112(c).[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18514, Apr. 26, 1996; Amdt. 190-16, 78 FR 58912, Sept. 25, 2013]