(3) Extensions of time. The submission of any settlement offer does not provide a basis for adjourning or otherwise delaying all or any portion of the administrative civil penalty process.

1. (i) Prior to issuance of Order Instituting Proceedings. Any respondent (or potential respondent in the case of a pending Prepenalty Notice) may request, in writing, that the Director withhold issuance of any such notice, or grant an extension of time to respond to any such Notice, for a period not to exceed 60 days for the exclusive purpose of effecting settlement. The Director may grant any such request, in writing, under terms and conditions within his or her discretion.
2. (ii) After issuance of Order Instituting Proceedings. Upon mutual agreement of the Director and a respondent, the Administrative Law Judge may grant an extension of time, for a period not to exceed 60 days, for the exclusive purpose of effecting settlement.

(5) Waivers.

1. (i) By submitting an offer of settlement, a respondent making the offer waives, subject to acceptance of the offer:

   1. (A) All hearings pursuant to section 16 of the Trading with the Enemy Act (50 U.S.C. App. 16);
   2. (B) The filing of proposed findings of fact and conclusions of law;
   3. (C) Proceedings before, and a decision by, an Administrative Law Judge;
   4. (D) All post-hearing procedures; and
   5. (E) Judicial review by any court.

2. (ii) By submitting an offer of settlement the respondent further waives:

   1. (A) Such provisions of this subpart or other requirements of law as may be construed to prevent any member of the Director's staff, or members of the Office of Chief Counsel or other counsel assigned by the General Counsel, from participating in or advising the Director as to any order, opinion, finding of fact, or conclusion of law to be entered pursuant to the offer; and
   2. (B) Any right to claim bias or prejudgment by the Director based on the consideration of or discussions concerning settlement of all or any part of the proceeding.