1232. Agreement Prior to Hearing

(A) The parties may make a prehearing agreement. The Board staff may contact the parties in an effort to clarify the issues a nd/or to reach agreement on the individual adjustment prior to the hearin g. Any agreement between the parties prior to a hearing must be approved by the Hearing Examiner in accordance with the provisions of this chapte r.

(B) Any agreement made by the parties at the preheari ng or hearing shall be made on the record and tape recorded. The terms o f the agreement shall be read to the parties, and the parties shall state that they understand the terms of the agreement, that they do not want a hearing on the petition, and that they voluntarily agree to the terms of the agreement.

(C) Parties shall submit any proposed joint agreement in writing to the Board. The Hearing Examiner shall approve or reject t he agreement as soon as possible. Written notice of the determination sh all be mailed to the parties. The notice shall contain the reasons for a ny rejection. The agreement and its approval or rejection shall be enter ed into the record.

(D) Parties who prior to a hearing reach an agreement on an individual adjustment which is approved by the Hearing Examiner sh all be deemed to have waived their rights to a hearing or appeal on the p etition. Such an approved agreement shall also be deemed a hearing for t he purposes of Section 1202 of these regulations. However, upon demonstr ation of fraud, misrepresentation, or similarly compelling reasons, eithe r party may request that the Hearings Unit withdraw the settlement and se t the matter for hearing. If such a request is denied, the party may app eal such denial to the Board.

[Revisions to Regulation 1232 (A), (B) & (C) effective 11/18/85; Regulati on 1232 (B) added effective 6/19/87]