Section 100.80  Negotiations and Agreed Dispositions

a)         The Department and the Petitioner may stipulate to facts and that stipulation may be used or otherwise admitted at the Hearing.

b)         The Department and the Petitioner may enter into a written agreement providing for disciplinary or non-disciplinary action against the Petitioner or the granting or restoration of a license as a settlement and disposition of the petition by stipulation, agreed settlement, or consent order. If the Secretary or Director approves the written agreement, it shall be entered in the same manner as an Administrative Decision of the Secretary or Director and shall constitute a final decision.  If the Secretary or Director rejects the written agreement, the Petitioner shall then be entitled to a Hearing on the merits.  A proposed written agreement not accepted by all Parties or rejected by the Secretary or Director shall be deemed confidential as an unsuccessful attempt to settle and shall not be referenced or included in any future pleading or proceeding.

c)         Statements made during informal conferences are confidential, including proposed dispositions, and shall not be used or admitted in any proceeding regarding the allegations.