§  1.244   Designation of a settlement officer.

   (a) Parties may request that the presiding officer appoint a settlement
   officer to facilitate the resolution of the case by settlement.

   (b) Where all parties in a case agree that such procedures may be
   beneficial, such requests may be filed with the presiding officer no
   later than 15 days prior to the date scheduled for the commencement of
   hearings or, in hearing proceedings conducted pursuant to § § 1.370
   through 1.377, no later than 15 days before the date set as the
   deadline for filing the affirmative case. The presiding officer shall
   suspend the procedural dates in the case pending action upon such
   requests.

   (c) If, in the discretion of the presiding officer, it appears that the
   appointment of a settlement officer will facilitate the settlement of
   the case, the presiding officer shall appoint a “neutral” as defined in
   5 U.S.C. 571 and 573 to act as the settlement officer.

   (1) The parties may request the appointment of a settlement officer of
   their own choosing so long as that person is a “neutral” as defined in
   5 U.S.C. 571 and 573.

   (2) The appointment of a settlement officer in a particular case is
   subject to the approval of all the parties in the proceeding.

   (3) Neither the Commission, nor any sitting members of the Commission,
   nor the presiding officer shall serve as the settlement officer in any
   case.

   (4) Other members of the Commission's staff who qualify as neutrals may
   be appointed as settlement officers. The presiding officer shall not
   appoint a member of the Commission's staff as a settlement officer in
   any case if the staff member's duties include, or have included,
   drafting, reviewing, and/or recommending actions on the merits of the
   issues designated for hearing in that case.

   (d) The settlement officer shall have the authority to require parties
   to submit their written direct cases for review. The settlement officer
   may also meet with the parties and/or their counsel, individually
   and/or at joint conferences, to discuss their cases and the cases of
   their competitors. All such meetings will be off-the-record, and the
   settlement officer may express an opinion as to the relative merit of
   the parties' positions and recommend possible means to resolve the
   proceeding by settlement. The proceedings before the settlement officer
   shall be subject to the confidentiality provisions of 5 U.S.C. 574.
   Moreover, no statements, offers of settlement, representations or
   concessions of the parties or opinions expressed by the settlement
   officer will be admissible as evidence in any Commission proceeding.

   [ 85 FR 63176 , Oct. 6, 2020]