[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2570.67]

[Page 559]
 
                             TITLE 29--LABOR
 
 CHAPTER XXV--EMPLOYEE BENEFITS SECURITY 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. 2570.67  Summary decision.

    For 502(c)(2) civil penalty proceedings, this section shall apply in 
lieu of Sec. 18.41 of this title.
    (a) No genuine issue of material of fact. (1) Where no issue of a 
material of fact is found to have been raised, the administrative law 
judge may issue a decision which, in the absence of an appeal pursuant 
to Sec. Sec. 2570.69 through 2570.71 of this subpart, shall become a 
final order.
    (2) A decision made under this paragraph shall include a statement 
of:
    (i) Findings of fact and conclusions of law, and the reasons 
therefor, on all issues presented; and
    (ii) Any terms and conditions of the rule or order.
    (3) A copy of any decision under this paragraph shall be served on 
each party.
    (b) Hearings on issues of fact. Where a genuine question of material 
of fact is raised, the administrative law judge shall, and in any other 
case may, set the case for an evidentiary hearing.