[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: 29CFR4003.61]

[Page 743]
 
                             TITLE 29--LABOR
 
            CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION
 
PART 4003_RULES FOR ADMINISTRATIVE REVIEW OF AGENCY DECISIONS
--Table of Contents
 
                    Subpart D_Administrative Appeals
 
Sec. 4003.61  Action by a single Appeals Board member.

    (a) Authority to act. Notwithstanding any other provision of this 
part, any member of the Appeals Board has the authority to take any 
action that the Appeals Board could take with respect to a routine 
appeal as defined in paragraph (b) of this section.
    (b) Routine appeal defined. For purposes of this section, a routine 
appeal is any appeal that does not raise a significant issue of law or a 
precedent-setting issue. This would generally include any appeal that--
    (1) Is outside the jurisdiction of the Appeals Board (for example, 
an appeal challenging the plan's termination date);
    (2) Is filed by a person other than an aggrieved person or an 
aggrieved person's authorized representative;
    (3) Is untimely and presents no grounds for waiver or extension of 
the time limit for filing the appeal, or only grounds that are clearly 
without merit;
    (4) Presents grounds that clearly warrant or clearly do not warrant 
the relief requested;
    (5) Presents only factual issues that are not reasonably expected to 
affect other appeals (for example, the participant's date of birth or 
date of hire); or
    (6) Presents only issues that are controlled by settled principles 
of existing law, including Appeals Board precedent (for example, an 
issue of plan interpretation that has been resolved by the Appeals Board 
in a decision on an appeal by another participant in the same plan).

[67 FR 47695, July 22, 2002]

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