§2570.61 Definitions.

For 502(c)(2) civil penalty proceedings, this section shall apply in lieu of the definitions in §18.2 of this title:

(a)

Adjudicatory proceeding means a judicial-type proceeding before an administrative law judge leading to the formulation of a final order;

(b)

Administrative law judge means an administrative law judge appointed pursuant to the provisions of 5 U.S.C. 3105;

(c)

Answer

means a written statement that is supported by reference to specific circumstances or facts surrounding the notice of determination issued pursuant to §2560.502c–2(g) of this chapter.

(d)

Commencement of proceeding is the filing of an answer by the respondent;

(e)

Consent agreement means any written document containing a specified proposed remedy or other relief acceptable to the Department and consenting parties;

(f)

ERISA means the Employee Retirement Income Security Act of 1974, as amended;

(g)

Final Order means the final decision or action of the Department of Labor concerning the assessment of a civil penalty under ERISA section 502(c)(2) against a particular party. Such final order may result from a decision of an administrative law judge or the Secretary, the failure of a party to file a statement of reasonable cause described in §2560.502c–2(e) within the prescribed time limits, or the failure of a party to invoke the procedures for hearings or appeals under this title within the prescribed time limits. Such a final order shall constitute final agency action within the meaning of 5 U.S.C. 704;

(h)

Hearing means that part of a proceeding which involves the submission of evidence, either by oral presentation or written submission, to the administrative law judge;

(i)

Order means the whole or any part of a final procedural or substantive disposition of a matter under ERISA section 502(c)(2);

(j)

Party includes a person or agency named or admitted as a party to a proceeding;

(k)

Person includes an individual, partnership, corporation, employee benefit plan, association, exchange or other entity or organization;

(l)

Petition means a written request, made by a a person or party, for some affirmative action;

(m)

Pleading means the notice as defined in §2560.502c–2(g), the answer to the notice, any supplement or amendment thereto, and any reply that may be permitted to any answer, supplement or amendment;

(n)

502(c)(2) civil penalty proceeding means an adjudicatory proceeding relating to the assessment of a civil penalty provided for in section 502(c)(2) of ERISA;

(o)

Respondent means the party against whom the Department is seeking to assess a civil sanction under ERISA section 502(c)(2);

(p)

Secretary means the Secretary of Labor and includes, pursuant to any delegation of authority by the Secretary, any assistant secretary (including the Assistant Secretary for Employee Benefits Security), administrator, commissioner, appellate body, board, or other official; and

(q)

Solicitor means the Solicitor of Labor or his or her delegate.

[54 FR 26897, June 26, 1989, as amended at 68 FR 3737, Jan. 24, 2003]