Content Last Revised: 6/26/89 ---DISCLAIMER---

CFR	Code of Federal Regulations Pertaining to EBSA

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 C

Procedures for the Assessment of Civil Penalties Under ERISA Section 502(c)(2)

• Section Number: 2570.71
• Section Name: Procedures for review by the Secretary.

    (a) Upon receipt of the notice of appeal, the Secretary shall 
establish a briefing schedule which shall be served on all parties of 
record. Upon motion of one or more of the parties, the Secretary may, in 
his or her discretion, permit the submission of reply briefs.
    (b) The Secretary shall issue a decision as promptly as possible 
after receipt of the briefs of the parties. The Secretary may affirm, 
modify, or set aside, in whole or in part, the decision on appeal and 
shall issue a statement of reasons and bases for the action(s) taken. 
Such decision by the Secretary shall be final agency action within the 
meaning of 5 U.S.C. 704.