(a) At any time prior to the final determination by the commission, the executive director, with the advice and consent of the counsel to the commission, may enter into a stipulation to resolve an issue of fact or law pending in a proceeding initiated by the commission.

(b) At any time, the commission may enter into a consent order with a respondent, whereby the latter agrees to discontinue the acts or practices which violate ECL, articles 43 and 71, title 33, or rules or regulations promulgated thereunder, or any permit, certificate or order issued by the commission, and provide such other and further relief to which the respondent may agree. Such consent order shall be admissible as evidence to provide the basis for a finding of fact in any subsequent proceeding brought by the commission against such respondent involving the same or similar violation(s).