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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 29 - Labor |
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Subtitle B - Regulations Relating to Labor |
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Chapter XXV - Employee Benefits Security Administration, Department of Labor |
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SubChapter G - Administration and Enforcement Under the Employee Retirement Income Security Act of 1974 |
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Part 2570 - Procedural Regulations Under the Employee Retirement Income Security Act |
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Subpart G - Procedures for the Assessment of Civil Penalties Under ERISA Section 502(c)(7) |
§ 2570.137 - Summary decision.
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§ 2570.137 Summary decision.
For 502(c)(7) civil penalty proceedings, this section shall apply in lieu of § 18.41 of this title.
(a) No genuine issue of material fact.
(1) Where no issue of a material fact is found to have been raised, the administrative law judge may issue a decision which, in the absence of an appeal pursuant to §§ 2570.139 through 2570.141 of this subpart, shall become a final order.
(2) A decision made under paragraph (a) of this section shall include a statement of:
(i) Findings of fact and conclusions of law, and the reasons therefor, on all issues presented; and
(ii) Any terms and conditions of the rule or order.
(3) A copy of any decision under this paragraph shall be served on each party.
(b) Hearings on issues of fact. Where a genuine question of a material fact is raised, the administrative law judge shall, and in any other case may, set the case for an evidentiary hearing.