§ 4003.3 - PBGC assistance in obtaining information.

§ 4003.3 PBGC assistance in obtaining information.

Cross Reference

Link to an amendment published at 85 FR 10283, Feb. 24, 2020.

A person who lacks information or documents necessary to

(a) General. A person may request PBGC's assistance in obtaining information if the person lacks information necessary -

(1) To file a request for review pursuant to subpart C or D of this part, or

necessary

to

a decision

decide whether to seek review

, or necessary to

; or

(2) To participate in an appeal pursuant to § 4003.57

of this part

, or

necessary

to

a decision

decide whether to participate

,

in an appeal.

(b) Information not in PBGC's possession. A person may request

the

PBGC's assistance in obtaining information

or documents

in the possession of a party other than

the

PBGC. The request

shall state

must -

(1) Be in writing;

(2) State or describe the missing information

or documents

, the reason why the person needs the information

or documents

, and the reason why the person needs the assistance of

the

PBGC in obtaining the information

or documents. The request may also include a request for an extension of time to file pursuant to § 4003.4 of this part.

; and

(3) Be submitted to the Appeals Board or the department that is responsible for reviewing the initial determination under this part. If the determination is subject to reconsideration, see § 4003.33 for information on where to submit the request for assistance. If the determination is subject to review by appeal, see § 4003.53 for information on where to submit the request.

(c) Information in the possession of PBGC. A person may request information in the possession of PBGC pursuant to the Freedom of Information Act and part 4901 of this chapter or the Privacy Act and part 4902 of this chapter, as applicable. See parts 4901 and 4902 of this chapter for additional information. Nothing in this paragraph (c) limits or amends the requirements under part 4901 or 4902 of this chapter.

[85 FR 10283, Feb. 24, 2020]