<html> <head> <title>Rule 20:03:05:08 Settlement prior to recommended order and decision.</title> <META NAME="Keywords" Content="Administrative Rules 20:03:05:08"> <META NAME="Description" Content="Administrative Rules 20:03:05:08 Settlement prior to recommended order and decision."> <meta name=Generator content="Microsoft Office HTML Filter 2.0"> <meta http-equiv=Content-Type content="text/html; charset=windows-1252"> <meta name=Originator content="Microsoft Word 10"> <style> <!-- --> </style> </head> <body lang=EN-US> <div> <p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <b>20:03:05:08.&nbsp;&nbsp;Settlement prior to recommended order and decision.</b> If, after issuance and service of a written notice of hearing but before the close of the hearing, the charging party and the respondent jointly notify the commission or the hearing examiner in writing that they have agreed to terms of settlement and adjustment, all of which are set forth in detail in the joint notification, the commission or the hearing examiner may order the scheduled hearing date postponed or the hearing recessed if it is already in progress.</p> <p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; If the terms of settlement and adjustment agreed to by the parties are approved by the commission or the hearing examiner, the commission or the hearing examiner shall have the terms of settlement and adjustment prepared in writing and signed by the parties and by the commission or the hearing examiner. The written agreement has the same status and effect as the executed written terms of settlement and adjustment under &nbsp;20:03:04:05 and 20:03:04:06.</p> <p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; If the terms of settlement and adjustment agreed to by the parties are not approved by the commission, it need not sign the written agreement and may close the case as having been settled on terms not approved by them. If this occurs, the commission need not seek enforcement if there is a violation of the terms of settlement and adjustment.</p> <p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <b>Source:</b> SL 1975, ch 16, &nbsp;1; 2 SDR 31, effective November 3, 1975; 3 SDR 49, effective January 18, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.</p> <p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <b>General Authority:</b>SDCL <A HREF="/statutes/DisplayStatute.aspx?Type=Statute&Statute=20-13-27">20-13-27.</A></p> <p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <b>Law Implemented:</b>SDCL <A HREF="/statutes/DisplayStatute.aspx?Type=Statute&Statute=20-13-32">20-13-32.</A></p> </div> </body> </html>