Content Last Revised: 9/26/88 ---DISCLAIMER---

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 A

Procedures for the Assessment of Civil Sanctions Under ERISA Section 502(i)

• Section Number: 2570.5
• Section Name: Consequences of default.

    For prohibited transaction penalty proceedings, this section shall 
apply in lieu of Sec. 18.5(b) of this title. Failure of the respondent 
to file an answer within the 30 day time period provided in Sec. 18.5 of 
this title shall be deemed to constitute a waiver of his right to appear 
and contest the allegations of the notice, and such failure shall be 
deemed to be an admission of the facts as alleged in the notice for 
purposes of the prohibited transaction penalty proceeding. Such notice 
shall then become the final order of the Secretary, except that the 
administrative law judge may set aside a default entered under this 
provision where there is proof of defective notice.