1. (a) The executive director and the respondent may reach an agreement, or settlement, in an enforcement action such that an agreed order is recommended to the commission for approval and issuance. In order to have legal effect as an order of the commission, and in any case in which penalties are assessed, an agreed order must be approved and issued by the commission. In such an agreed order, the respondent may agree to:

   1. (1) admit to none, any, or all of the violations alleged in any EDPR or petition in the case;
   2. (2) assessment of a specific administrative penalty;
   3. (3) remedial ordering provisions;
   4. (4) any combination of these; and
   5. (5) any other lawful provisions agreed to by the executive director and the respondent.
2. (b) The effective date of an order, for purposes of compliance with its terms and conditions, including deadlines, shall be the date on which service of notice of the order is achieved under the APA, §2001.142.
3. (c) When an agreement is reached, the executive director shall file the agreed order with the chief clerk. The chief clerk shall then schedule the agreed order for consideration during a commission meeting under Chapter 10 of this title (relating to Commission Meetings). If the enforcement action is under the jurisdiction of SOAH, the judge shall remand the action to the executive director who will file the agreed order with the chief clerk for commission consideration. The judge is not required to prepare a proposal for decision or memorandum regarding the settlement.

Source Note:The provisions of this §70.10 adopted to be effective June 6, 1996, 21 TexReg 4753.