2-4-603. Informal disposition and hearings -- waiver of administrative proceedings -- recording and use of settlement proceeds. (1) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. Unless otherwise provided by law, if a stipulation, agreed settlement, consent order, or default results in a settlement involving an agency or the state, the settlement proceeds, including cash or other assets, whether received by the state or a third party, must be recorded in the account or fund in which the penalty, fine, or other payment would be recorded if the contested case had proceeded to final decision. If there is no account or fund designated for recording of a fine, penalty, or payment in the type of action, then the settlement must be recorded in the general fund. The provisions of this section do not apply to the portions of a settlement negotiated on behalf of or paid to a party other than the state.
     (2) Except as otherwise provided, parties to a contested case may jointly waive in writing a formal proceeding under this part. The parties may then utilize informal proceedings under 2-4-604. Parties to contested case proceedings held under Title 37 or under any other provision relating to licensure to pursue a profession or occupation may not waive formal proceedings.
     (3) If a contested case does not involve a disputed issue of material fact, parties may jointly stipulate in writing to waive contested case proceedings and may directly petition the district court for judicial review pursuant to 2-4-702. The petition must contain an agreed statement of facts and a statement of the legal issues or contentions of the parties upon which the court, together with the additions it may consider necessary to fully present the issues, may make its decision.

     History: En. Sec. 9, Ch. 2, Ex. L. 1971; R.C.M. 1947, 82-4209(4); amd. Sec. 2, Ch. 277, L. 1979; amd. Sec. 1, Ch. 451, L. 1999.