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May 12, 2009   
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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 2570.39 - Opportunities to submit additional information.

  • Section Number: 2570.39
  • Section Name: Opportunities to submit additional information.

    (a) An applicant may notify the Department of its intent to submit 
additional information supporting an exemption application either by 
telephone or by letter sent to the address furnished in the applicant's 
tentative denial letter. At the same time, the applicant should indicate 
generally the type of information that he will submit.
    (b) An applicant will have 30 days from the date of the notification 
discussed in paragraph (a) of this section to submit in writing all of 
the additional information he intends to provide in support of his 
application. All such information must be accompanied by a declaration 
under penalty of perjury attesting to the truth and correctness of the 
information provided, which is dated and signed by a person qualified 
under Sec. 2570.34(b)(5) of these procedures to sign such a declaration.
    (c) If, for reasons beyond his control, an applicant is unable to 
submit in writing all the additional information he intends to provide 
in support of his application within the 30-day period described in 
paragraph (b) of this section, he may request an extension of time to 
furnish the information. Such requests must be made before the 
expiration of the 30-day period and will be granted only in unusual 
circumstances and for limited periods of time.
    (d) If an applicant is unable to submit all of the additional 
information he intends to provide in support of his exemption 
application within the 30-day period specified in paragraph (b) of this 
section, or within any additional period of time granted to him pursuant 
to paragraph (c) of this section, the applicant may withdraw the 
exemption application before expiration of the applicable time period 
and reinstate it later pursuant to Sec. 2570.44 of these procedures.
    (e) The Department will issue, without further notice, a final 
denial letter denying the requested exemption pursuant to Sec. 2570.41 
of these procedures where--
    (1) The Department has not received the additional information that 
the applicant indicated he would submit within the 30-day period 
described in paragraph (b) of this section, or within any additional 
period of time granted pursuant to paragraph (c) of this section;
    (2) The applicant did not request a conference pursuant to 
Sec. 2570.38(b) of these procedures; and
    (3) The applicant has not withdrawn his application as permitted by 
paragraph (d) of this section.
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