[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: 29CFR2570.9]

[Page 528-529]
 
                             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 A--Procedures for the Assessment of Civil Sanctions Under ERISA 
                             Section 502(i)
 
Sec. 2570.9  Decision of the administrative law judge.

    For prohibited transaction 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 or 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 brief 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 administrative 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

[[Page 529]]

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 of 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 prohibited transaction penalty 
proceedings as set forth in this part, the penalty (if any) which may be 
included in the decision of the administrative law judge shall be 
limited to the sanction expressly provided for in section 502(i) 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. 2570.10 through 2570.12.