§2570.82 Definitions.

For purposes of this section:

(a) 502(l) civil penalty proceedings

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

(b) Notice of assessment

means any document, however designated, issued by the Secretary which contains a specified assessment, in monetary terms, of a civil penalty under ERISA section 502(l). A “notice of assessment” will contain a brief factual description of the violation for which the assessment is being made, the identity of the person being assessed, and the amount of the assessment and the basis for assessing that particular person that particular penalty amount;

(c) Person

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

(d) Petition

means a written request, made by a person, for a waiver or reduction of the civil penalty described herein; and

(e) Secretary

means the Secretary of Labor and includes, pursuant to any delegation of authority by the Secretary, the Assistant Secretary for Employee Benefits Security, Regional Directors for Employee Benefits Security, or Deputy Regional Directors for Employee Benefits Security.

[55 FR 25286, June 20, 1990, as amended at 68 FR 16400, Apr. 3, 2003]