1. (a) The parties shall promptly notify the CHO of any resolution that terminates a case. The CHO shall vacate all hearing dates upon receipt of a written request and notice of final resolution of the case from the Department. A copy shall be served on all other parties. Notice of final resolution of a case consists of written confirmation from the Department that all parties have signed a final written agreement resolving the case (subject to approval by the Director or the Director's designee) or that the Department has taken any unilateral actions legally required to withdraw, dismiss, or otherwise resolve the case. A copy of the signed settlement, stipulation, order, or any other paperwork terminating a matter before the CHO, or the first page and signature pages thereof, shall be filed with the CHO.
2. (b) A respondent may request a settlement conference on the Notice of Defense form or by filing a request with the CHO at any time before the hearing. If the Department also agrees to participate in a settlement conference, the CHO shall set a date and time for the conference.
3. (c) Each party or representative who attends the settlement conference shall be familiar with the facts and issues in the case and shall have authority, or be able to obtain authority immediately by telephone, to negotiate settlement terms subject to Department approval.

4. (d) Each party shall file a written settlement conference statement with the CHO at least five business days before the settlement conference. The settlement conference statement shall contain a detailed statement of facts and a good-faith settlement proposal.

   1. (1) The settlement conference statement, other settlement materials, and settlement discussions shall not be disclosed to the presiding officer and are not part of the case record unless the parties stipulate otherwise.
   2. (2) Parties may request that settlement conference statements not be shared with opposing parties and their representatives by adding a conspicuous label of “Confidential” to the statement's first page.
5. (e) Any settlement shall be recorded in a written stipulation, settlement agreement, consent order, or an oral agreement placed on the record.
6. (f) Unless otherwise stipulated by the parties, the hearing officer at the settlement conference shall not preside over the hearing on the merits.

Note: Authority cited: Section 11400.20, Government Code; and Sections 14536 and 40502, Public Resources Code. Reference: Sections 11400.20, 11415.60, 11420.10 and 11420.30, Government Code.

History

1. New section filed 5-12-2026; operative 7-1-2026 (Register 2026, No. 20).