Statement of Reasons in ADR 592:

Unfortunately, it is a quirk of the Commission’s current ADR program that there is no provision enabling the Commission to revise or amend the proposed settlements. Unlike matters handled by the Office of General Counsel, the absence of four votes to approve a proposed settlement agreement in the Commission’s ADR program has the consequence of an automatic dismissal. We were thus faced with the choice of either approving a settlement agreement without meaningful terms or withholding our votes of approval, which would result in automatic dismissal of the matter. Given the interest at stake here, we chose dismissal of the matter rather than accept a settlement agreement that did not require payment of any meaningful civil penalty. Any other result could send a signal to would-be violators that the Commission takes such a violation lightly.