[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2570.39]

[Page 559-560]
 
                             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 B_Procedures for Filing and Processing Prohibited Transaction 
                         Exemption Applications
 
Sec. 2570.39  Opportunities to submit additional information.

    (a) An applicant may notify the Department of its intent to submit 
additional information supporting an exemption application either by 
telephone or by letter sent to the address furnished in the applicant's 
tentative denial letter. At the same time, the applicant should indicate 
generally the type of information that he will submit.
    (b) An applicant will have 30 days from the date of the notification 
discussed in paragraph (a) of this section to submit in writing all of 
the additional information he intends to provide in support of his 
application. All such information must be accompanied by a declaration 
under penalty of perjury attesting to the truth and correctness of the 
information provided, which is dated and signed by a person qualified 
under Sec. 2570.34(b)(5) of these procedures to sign such a 
declaration.
    (c) If, for reasons beyond his control, an applicant is unable to 
submit in writing all the additional information he intends to provide 
in support of his application within the 30-day period described in 
paragraph (b) of this section, he may request an extension of time to 
furnish the information. Such requests must be made before the 
expiration of

[[Page 560]]

the 30-day period and will be granted only in unusual circumstances and 
for limited periods of time.
    (d) If an applicant is unable to submit all of the additional 
information he intends to provide in support of his exemption 
application within the 30-day period specified in paragraph (b) of this 
section, or within any additional period of time granted to him pursuant 
to paragraph (c) of this section, the applicant may withdraw the 
exemption application before expiration of the applicable time period 
and reinstate it later pursuant to Sec. 2570.44 of these procedures.
    (e) The Department will issue, without further notice, a final 
denial letter denying the requested exemption pursuant to Sec. 2570.41 
of these procedures where--
    (1) The Department has not received the additional information that 
the applicant indicated he would submit within the 30-day period 
described in paragraph (b) of this section, or within any additional 
period of time granted pursuant to paragraph (c) of this section;
    (2) The applicant did not request a conference pursuant to Sec. 
2570.38(b) of these procedures; and
    (3) The applicant has not withdrawn his application as permitted by 
paragraph (d) of this section.