decision and order affirming or reversing, in whole or in part, the decision under review by not later than 90 days after receipt of the administrative appeal. If it is determined that a violation of paragraph (1) or (2) has occurred, the review board shall issue a final decision and order providing relief authorized under paragraph (14). Such decision and order shall constitute final agency action with respect to the matter appealed. (9) Settlement in the Administrative Process (A) In general At any time before issuance of a final order, an investigation or proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the parties. (B) Public policy considerations Neither the Secretary, an administrative law judge, nor the review board conducting a hearing under this subsection shall accept a settlement that contains conditions conflicting with the rights protected under this Act or that are contrary to public policy, including a restriction on a complainant’s right to future employment with employers other than the specific employers named in a complaint. (10) Inaction by the review board or administrative law judge (A) In general The complainant may bring a de novo action described in subparagraph (B) if— (i) an administrative law judge has not issued a decision and order within the 90-day time period required under paragraph (7) (B)(iii)