Title 29

SECTION 2571.2

2571.2 Definitions.

§ 2571.2 Definitions.

For section 521 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 an 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 temporary order issued pursuant to 29 CFR 2560.521-1(c);

(d) Commencement of proceeding is the filing of an answer by the respondent;

(e) Consent agreement means a proposed written agreement and order containing a specified proposed remedy or other relief acceptable to the Secretary and consenting parties;

(f) Final order means a cease and desist order that is a final order of the Secretary of Labor under ERISA section 521. Such final order may result from a decision of an administrative law judge or of the Secretary on review of a decision of an administrative law judge, or from the failure of a party to invoke the procedures for a hearing under 29 CFR 2560.521-1 within the prescribed time limit. A final order shall constitute a final agency action within the meaning of 5 U.S.C. 704;

(g) Hearing means that part of a section 521 proceeding which involves the submission of evidence, either by oral presentation or written submission, to the administrative law judge;

(h) Order means the whole or any part of a final procedural or substantive disposition of a section 521 proceeding;

(i) Party includes a person or agency named or admitted as a party to a section 521 proceeding;

(j) Person includes an individual, partnership, corporation, employee welfare benefit plan, association, or other entity or organization;

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

(l) Respondent means the party against whom the Secretary is seeking to impose a cease and desist order under ERISA section 521;

(m) Secretary means the Secretary of Labor or his or her delegate;

(n) Section 521 proceeding means an adjudicatory proceeding relating to the issuance of a temporary order under 29 CFR 2560.521-1 and section 521 of ERISA;

(o) Solicitor means the Solicitor of Labor or his or her delegate; and

(p) Temporary order means the temporary cease and desist order issued by the Secretary under 29 CFR 2560.521-1(c) and section 521 of ERISA.

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