7 C.F.R. § 1.138

Consent decision

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At any time before the Judge files the decision, the parties may agree to the entry of a consent decision. Such agreement shall be filed with the Hearing Clerk in the form of a decision signed by the parties with appropriate space for signature by the Judge, and shall contain an admission of at least the jurisdictional facts, consent to the issuance of the agreed decision without further procedure and such other admissions or statements as may be agreed between the parties. The Judge shall enter such decision without further procedure, unless an error is apparent on the face of the document. Such decision shall have the same force and effect as a decision issued after full hearing, and shall become final upon issuance to become effective in accordance with the terms of the decision.

Notes of Decisions

Cited in 2 cases, 2018–2018 · leading case: Animal Legal Def. Fund v. United States Dep't of Agric. (D.D.C. 2018).

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Animal Legal Def. Fund v. United States Dep't of Agric. (D.D.C. 2018). “To be sure, an ALJ plays some role in the settlement process, see 7 C.F.R. § 1.138 , but as ALDF itself notes, under USDA’s Rules of Practice, an ALJ is generally obligated to approve a consent decision.”

Animal Legal Def. Fund, Inc. v. Perdue, 346 F. Supp. 3d 153 (D.C. Cir. 2018). “To be sure, an ALJ plays some role in the settlement process, see 7 C.F.R. § 1.138 , but as ALDF itself notes, under USDA's Rules of Practice, an ALJ is generally obligated to approve a consent decision.”

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