[Code of Federal Regulations] [Title 29, Volume 9] [Revised as of July 1, 2001] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR2570.64] [Page 543] TITLE 29--LABOR CHAPTER XXV--PENSION AND WELFARE BENEFITS ADMINISTRATION, DEPARTMENT OF LABOR PART 2570--PROCEDURAL REGULATIONS UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT--Table of Contents Subpart C--Procedures for the Assessment of Civil Penalties Under ERISA Section 502(c)(2) Sec. 2570.64 Consequences of default. For 502(c)(2) civil penalty proceedings, this section shall apply in lieu of Sec. 18.5 (a) and (b) of this title. Failure of the respondent to file an answer to the notice of determination described in Sec. 2560.502c-2(g) within the 30-day period provided by Sec. 2560.502c- 2(h) shall be deemed to constitute a waiver of his or her right to appear and contest the allegations of the notice of determination, and such failure shall be deemed to be an admission of the facts as alleged in the notice for purposes of any proceeding involving the assessment of a civil penalty under section 502(c)(2). Such notice shall then become the final order of the Secretary.