(1) Following a request for an adjudicative proceeding, a settlement conference may be held if settlement is not achieved through written documents. The parties shall arrange the date, time and place of the settlement conference. If another scheduling mechanism is issued, a settlement conference may be scheduled and held at the discretion of the board or other settlement processes may be used at the discretion of the board.

(2) The purpose of the settlement conference or other settlement process is to attempt to reach agreement on the issues and on a proposed order to be entered. Any agreement of the parties is subject to final approval by the board.

(3) The respondent shall attend the settlement conference as scheduled and may also be represented as provided in WAC 246-11-070. Representatives of the board will also attend. Representatives of the department may attend. Other persons may attend by agreement of the parties. Attendance may be in person or by phone.

(4) Either party may bring documents or other materials to the settlement conference for the purpose of settlement negotiations. No testimony will be taken. No documents or information submitted at the settlement conference will be admitted at the adjudicative proceeding unless stipulated by the parties or otherwise admitted into evidence by the presiding officer.

(5) If a settlement offer has been made in writing to the respondent and it is signed and returned by the respondent to the board, all subsequent dates set in the scheduling order or other scheduling mechanism are stayed or stricken pending final review of the settlement by the board.