10 CFR § 851.41 - Settlement.

---
identifier: "/us/cfr/t10/s851.41"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "10 CFR § 851.41 - Settlement."
title_number: 10
title_name: "Energy"
section_number: "851.41"
section_name: "Settlement."
chapter_name: "DEPARTMENT OF ENERGY"
part_number: "851"
part_name: "WORKER SAFETY AND HEALTH PROGRAM"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 2201(i)(3), (p); 42 U.S.C. 2282c; 42 U.S.C. 5801  42 U.S.C. 7101  50 U.S.C. 2401  28 U.S.C. 2461 note."
regulatory_source: "71 FR 6931, Feb. 9, 2006, unless otherwise noted."
cfr_part: "851"
---


# 851.41 Settlement.

(a) DOE encourages settlement of a proceeding under this subpart at any time if the settlement is consistent with this part. The Enforcement Director and a contractor may confer at any time concerning settlement. A settlement conference is not open to the public and DOE does not make a transcript of the conference.

(b) Notwithstanding any other provision of this part, the Enforcement Director may resolve any issues in an outstanding proceeding under this subpart with a consent order.

(1) The Enforcement Director and the contractor, or a duly authorized representative thereto, must sign the consent order and indicate agreement to the terms contained therein.

(2) A contractor is not required to admit in a consent order that a requirement of this part has been violated.

(3) DOE is not required to make a finding in a consent order that a contractor has violated a requirement of this part.

(4) A consent order must set forth the relevant facts that form the basis for the order and what remedy, if any, is imposed.

(5) A consent order shall constitute a final order.

[71 FR 6931, Feb. 9, 2006, as amended at 88 FR 41294, June 26, 2023]