Section 1.24. Settlement.

 

(1)   General. At any point in a contested case proceeding, the parties may agree to settle the case. Parties wishing to settle a case shall file both of the following:

(a) A written stipulation, signed by the parties or their representatives, setting forth the agreed terms of settlement.

(b) A proposed order disposing of the case, for signature by the final decisionmaker.

(2)   Approval. A proposed order under sub. (1) or (3) is subject to approval by the final decisionmaker. The final decisionmaker signifies approval by signing the proposed order as submitted by the parties.

(3)   Settlement prior to complaint filing or hearing request.

(a) The parties to a potential contested case may agree to settle that potential case prior to the filing of any complaint under s. ATCP 1.05 or hearing request under s. ATCP 1.06 , and prior to the issuance of any hearing notice under s. ATCP 1.20 .

(b) The parties to a settlement under par. (a) may stipulate to the issuance of a department order without the filing of any complaint or hearing request, and without further notice, hearing or other contested case procedures. Parties seeking a stipulated order shall file all of the following with the secretary:

1. A copy of the proposed order.

2. A written stipulation, signed by the parties or their attorneys, in which the parties consent to the entry of the proposed order without the filing of a complaint or hearing request, and without further notice, hearing or other contested case procedures. The stipulating parties waive any right to hearing, reconsideration or judicial review of the stipulated order, including any rights under s. 227.42 , 227.49 , or 227.52 , Stats.

(c) Before filing a stipulation and proposed special order under s. 100.20 , Stats., the department of justice shall provide a copy of the stipulation and proposed order to the trade and consumer protection division.

Cr. Register, May, 1992, No. 437 , eff. 6-1-92; CR 09-054 : am. (2), (3) (title), r. and recr. (3) (a), (b) Register December 2010 No. 660 , eff. 1-1-11.