§ 4003.22 - Effective date of determinations.

§ 4003.22 Effective date of determinations.

Cross Reference

Link to an amendment published at 85 FR 10284, Feb. 24, 2020.

(a) General rule. Except as provided in paragraph (b) of this section, an initial determination covered by this subpart will not become effective until the prescribed period of time for filing a request for reconsideration under subpart C of this part or an appeal under subpart D of this part, whichever is applicable, has elapsed. The filing of a request for review under subpart C or D of this part shall will automatically stay the effectiveness of a an initial determination until a decision on the request for review has been issued by the PBGC.

(b) Exception. The Except for initial determinations listed in § 4003.1(e)(2), (3), and (6), PBGC may, in its discretion, order that the initial determination in a case is effective on the date it is issued. When the PBGC makes such an order, the initial determination shall will state that the determination is it constitutes the final agency action effective on the date of issuance and that , there is no obligation to exhaust administrative remedies with respect to that determination by seeking review of it by the PBGC. right to request review under subparts C and D of this part, and any person aggrieved by the initial determination has exhausted all administrative remedies.

[61 FR 34012, July 1, 1996, as amended at 85 FR 10284, Feb. 24, 2020]