For 502(c)(2) civil penalty proceedings, this section shall apply in
lieu of Sec. 18.57 of this title.
(a) Proposed findings of fact, conclusions, and order. Within twenty
(20) days of the filing of the transcript of the testimony of such
additional time as the administrative law judge may allow, each party
may file with the administrative law judge, subject to the judge's
discretion, proposed findings of fact, conclusions of law, and order
together with a supporting brief expressing the reasons for such
proposals. Such proposals and briefs shall be served on all parties, and
shall refer to all portions of the record and to all authorities relied
upon in support of each proposal.
(b) Decision of the administative law judge. Within a reasonable
time after the time allowed for the filing of the proposed findings of
fact, conclusions of law, and order, or within thirty (30) days after
receipt of an agreement containing consent findings and order disposing
of the disputed matter in whole, the administrative law judge shall make
his or her decision. The decision of the administrative law judge shall
include findings of fact and conclusions of law with reasons therefor
upon each material issue of fact or law presented on the record. The
decision of the administrative law judge shall be based upon the whole
record. In a contested case in which the Department and the Respondent
have presented their positions to the administrative law judge pursuant
to the procedures for 502(c)(2) civil penalty proceedings as set forth
in this subpart, the penalty (if any) which may be included in the
decision of the administrative law judge shall be limited to the penalty
expressly provided for in section 502(c)(2) of ERISA. It shall be
supported by reliable and probative evidence. The decision of the
administrative law judge shall become final agency action within the
meaning of 5 U.S.C. 704 unless an appeal is made pursuant to the
procedures set forth in Secs. 2570.69 through 2570.71.
