(a) The Department will not ordinarily consider:
(1) An application that fails to include all the information
required by Secs. 2570.34 and 2570.35 or otherwise fails to conform to
the requirements of these procedures; or
(2) An application for exemption involving a transaction or
transactions which are the subject of an investigation for possible
violations of part 1 or 4 of subtitle B of title I of ERISA or section
8477 or 8478 of FERSA or an application for an exemption involving a
party in interest who is the subject of such an investigation or who is
a defendant in an action by the Department or the Internal Revenue
Service to enforce the above-mentioned provisions of ERISA or FERSA.
(b) If for any reason the Department decides not to consider an
exemption application, it will inform the applicant of that decision in
writing and of the reasons therefor.
(c) An application for an individual exemption relating to a
specific transaction or transactions will ordinarily
not be considered separately if the Department is considering a class
exemption relating to the same type of transaction or transactions.
