| (a) A contested case settlement is an agreement between
the commission and the respondent in a contested case which provides
for a resolution different from the sanction originally proposed in
the commission's notice.
(b) Contested case settlement negotiations may be in
person, by phone, or through written communication, at the commission's
discretion, as necessary to resolve issues related to a particular
contested case.
(c) Contested case settlement may incorporate any combination
of authorized sanctions, additional training, or remedial actions
as an alternative to the originally proposed sanction.
(d) All contested case settlements are subject to approval
by the Executive Director and the commission. The Executive Director
and the commission shall state in writing the reasons for rejecting
a proposed settlement.
(e) A contested case settlement is final and binding
upon a respondent at the time the respondent or respondent's authorized
agent signs the settlement agreement, and upon the commission when
approved by the commission through a signed order.
(f) If a contested case settlement is rejected by the
Executive Director or the commission, the contested case will be resolved
through additional settlement negotiations consistent with the reasons
for the rejection, by stipulation to the commission's originally proposed
sanction or combination of sanction, or through a contested case hearing.
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