Commission discretion to consider and approve or reject a settlement.
(1)
Consideration of a settlement. The commission will decide whether to consider a settlement. The commission generally will consider a settlement that complies with the requirements in WAC
480-07-740.
(2) Approval or rejection of a settlement. If it considers a settlement, the commission may approve the settlement, with or without conditions, or may reject it. The commission will approve a settlement if it is lawful, supported by an appropriate record, and consistent with the public interest in light of all the information available to the commission.
(a) Approval without conditions. If the commission approves a settlement without conditions, the commission will adopt the terms set forth in the settlement agreement as the resolution of the disputed issues identified in that agreement.
(b) Approval with conditions. If the commission conditions its approval of a settlement on terms that are not included in the settlement agreement, the commission will provide the parties with the opportunity to accept or reject the commission's conditions.
(i) If all parties to the settlement agreement timely notify the commission that they accept the conditions, the terms in the settlement agreement and the commission's conditions will resolve the issues identified in the settlement agreement. The commission's order conditionally approving the settlement agreement will then become final by operation of law with respect to those issues without further action from the commission.
(ii) If a party to the settlement rejects any of the commission's conditions or does not unequivocally and unconditionally accept all of those conditions, the commission will notify the parties that it deems the settlement to be rejected, and (c) of this subsection applies. A party may seek clarification or reconsideration of a commission order approving a settlement agreement with conditions pursuant to WAC
480-07-835,
480-07-840, or
480-07-850.
(c) Rejection. If the commission rejects a settlement, the adjudication returns to its status at the time the commission suspended the procedural schedule to consider the settlement. The commission may conduct a prehearing conference to establish a procedural schedule for the remainder of the adjudication. Subject to compliance with any statutory deadline for commission action or an agreed extension of such a deadline, the commission may extend the time for completion of the proceedings by the elapsed time for commission consideration of the settlement.
[Statutory Authority: RCW
80.01.040 and
80.04.160. WSR 18-18-041 (Docket A-130355, General Order R-592), § 480-07-750, filed 8/29/18, effective 9/29/18; WSR 06-16-053 (Docket A-050802, General Order R-536), § 480-07-750, filed 7/27/06, effective 8/27/06; WSR 03-24-028 (General Order R-510, Docket No. A-010648), § 480-07-750, filed 11/24/03, effective 1/1/04.]