(1) Notwithstanding any other provision to the contrary, the Department or its designee may at any time resolve an outstanding enforcement proceeding with a consent order. A consent order must be signed by the person to whom it is issued, or a duly authorized representative, and must indicate agreement with the terms therein. A consent order need not constitute an admission by any person that a violation has occurred.
(2) A consent order is a final order of the Department, having the same force and effect as a remedial order issued pursuant to 220 CMR 99.12.
(3) A consent order shall not be appealable by the respondent and shall include an express waiver of appeal or judicial review rights that might otherwise attach to a final order of the Department.
Amended by Mass Register Issue 1402, eff. 10/18/2019.