Sec.36a-1-55. Voluntary termination of proceeding

(a) Pursuant to subsection (c) of section 4-177 of the Connecticut General Statutes, unless precluded by law, any contested case may be resolved by stipulation, agreed settlement, consent order or default. Any party may, at any time in the proceeding, submit to counsel for the department, oral or written offers or proposals for settlement of the proceeding, without prejudice to the rights of any of the parties. The presiding officer shall proceed with a hearing in a contested case unless there has been a continuance, default or a written stipulation, settlement agreement or consent order that has been executed by the commissioner and a party or, in the case of a party that is an entity such as a partnership, limited liability company, institution, corporation, agency or institution, a party's authorized representative. By submitting an offer of settlement, the party making the offer waives, subject to acceptance of the offer, (1) all hearings pursuant to the statutory provisions under which the proceeding is to be or has been instituted, (2) proceedings before and a proposed final decision by a presiding officer, (3) a final decision by the commissioner, (4) all post-hearing procedures, and (5) judicial review by any court. Any informal disposition of a contested case by the commissioner is without prejudice to the right of the commissioner to take any enforcement action against a party to enforce a stipulation, agreed settlement or consent order if the commissioner determines that a party is not fully complying with any term or condition stated in such stipulation, agreed settlement or consent order. A consent order shall contain all provisions required by law including, if applicable, subsection (f) of section 36b-27 or subsection (d) of section 36b-72 of the Connecticut General Statutes.

(b) The commissioner may withdraw an order at any time before a final decision is issued. A respondent to an order may withdraw the request for hearing at any time, an applicant may withdraw a request for hearing at any time, and a petitioner for a declaratory ruling or a regulation-making may withdraw the petition at any time. Nothing in the rules of practice shall preclude the commissioner from withdrawing an order after a proceeding has terminated.

(Adopted effective August 31, 2004)