TITLE 7 - AGRICULTURE

SUBTITLE A - OFFICE OF THE SECRETARY OF AGRICULTURE

PART 1 - ADMINISTRATIVE REGULATIONS

subpart l - PROCEDURES RELATED TO ADMINISTRATIVE HEARINGS UNDER THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986

1.345 - Settlement.

  (a) A respondent may make offers of compromise of settlement at any time.

  (b) The reviewing official has the exclusive authority to compromise or settle a case under this subpart at any time after the date on which the reviewing official is permitted to issue a complaint and before the date on which the ALJ issues a decision.

  (c) The judicial officer has exclusive authority to compromise or settle a case under this subpart at any time after the date on which the ALJ issues a decision, except during the pendency of any appeal under 1.341 of this part or during the pendency of any action to collect penalties and assessments under 1.342 of this part.

  (d) The Attorney General has exclusive authority to compromise or settle a case under this subpart during the pendency of any appeal under 1.341 of this part, or any action to recover penalties and assessments under 1.342 of this part.

  (e) The investigating official may recommend settlement terms to the reviewing official, the judicial officer, or the Attorney General, as appropriate. The reviewing official may recommend settlement terms to the judicial officer, or the Attorney General, as appropriate.

  (f) Any settlement must be in writing.