29 CFR § 2204.404 - Settlement.

---
identifier: "/us/cfr/t29/s2204.404"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "29 CFR § 2204.404 - Settlement."
title_number: 29
title_name: "Labor"
section_number: "2204.404"
section_name: "Settlement."
chapter_name: "OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION"
part_number: "2204"
part_name: "IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN PROCEEDINGS BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 504."
regulatory_source: "86 FR 26659, May 17, 2021, unless otherwise noted."
cfr_part: "2204"
---


# 2204.404 Settlement.

The applicant and the Secretary may agree on a proposed settlement of the award before final action on the application, either in connection with a settlement of the underlying adversary adjudication, or after the adversary adjudication has been concluded, in accordance with the Commission's standard settlement procedures as set forth in § 2200.120 of this chapter. If a prevailing party and the Secretary agree on a proposed settlement of an award before an application has been filed, the application shall be filed with the proposed settlement. If a proposed settlement of an underlying proceeding provides that each side shall bear its own expenses and the settlement is accepted, no application may be filed.