Consent order.

(a)At any time prior to the resolution of an enforcement proceeding under subpart B of this part, the Regional Director and respondent may agree to resolve the case by execution of a consent agreement and order, which may be jointly executed by the parties and issued by the Associate Administrator. Upon execution, the consent order is considered a final order under § 190.213.#

(b)A consent order executed under paragraph (a) of this section shall include:#

(1)An admission by the respondent of all jurisdictional facts;#

(2)An express waiver of further procedural steps and of all right to seek judicial review or otherwise challenge or contest the validity of that order;#

(3)An acknowledgement that the notice may be used to construe the terms of the consent order; and#

(4)A statement of the actions required of the respondent and the time by which such actions shall be accomplished.#

(c)Prior to the execution of a consent agreement and order arising out of a corrective action order under § 190.233, the Associate Administrator will notify any appropriate State official in accordance with 49 U.S.C. 60112(c).#