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Content Last Revised: 8/10/90
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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 29  

Labor

 

Chapter XXV  

Pension and Welfare Benefits Administration, Department of Labor

 

 

Part 2570  

Procedural Regulations Under the Employee Retirement Income Security Act

 

 

 

Subpart B  

Procedures for Filing and Processing Prohibited Transaction Exemption Applications


29 CFR 2570.44 - Withdrawal of exemption applications.

  • Section Number: 2570.44
  • Section Name: Withdrawal of exemption applications.

    (a) An applicant may withdraw his application for an exemption at 
any time by informing the Department, either orally or in writing, of 
his intent to withdraw.
    (b) Upon receiving an applicant's notice of intent to withdraw an 
application for an individual exemption, the Department will confirm by 
letter the applicant's withdrawal of the application and will terminate 
all proceedings relating to the application. If a notice of proposed 
exemption has been published in the Federal Register, the Department 
will publish a notice withdrawing the proposed exemption.
    (c) Upon receiving an applicant's notice of intent to withdraw an 
application for a class exemption or for an individual exemption that is 
being considered with other applications as a request for a class 
exemption, the Department will inform any other applicants for the 
exemption of the withdrawal. The Department will continue to process 
other applications for the same exemption. If all applicants for a 
particular class exemption withdraw their applications, the Department 
may either terminate all proceedings relating to the exemption or 
propose the exemption on its own motion.
    (d) If, following the withdrawal of an exemption application, an 
applicant decides to reapply for the same exemption, he may submit a 
letter to the Department requesting that the application be reinstated 
and referring to the application number assigned to the original 
application. If, at the time the original application was withdrawn, any 
additional information to be submitted to the Department under 
Sec. 2570.39 of these procedures was outstanding, that information must 
accompany the letter requesting reinstatement of the application. 
However, the applicant need not resubmit information previously 
furnished to the Department in connection with a withdrawn application 
unless reinstatement of the application is requested more than two years 
after the date of its withdrawal.
    (e) Any request for reinstatement of a withdrawn application 
submitted in accordance with paragraph (d) of this section, will be 
granted by the Department, and the Department will take whatever steps 
remained at the time the application was withdrawn to process the 
application.
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