[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: 29CFR2570.40]

[Page 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. 2570.40  Conferences.

    (a) Any conference between the Department and an applicant 
pertaining to a requested exemption will be held in Washington, DC, 
except that a telephone conference will be held at the applicant's 
request.
    (b) An applicant is entitled to only one conference with respect to 
any exemption application. An applicant will not be entitled to a 
conference, however, where the Department has held a hearing on the 
exemption under either Sec. 2570.46 or Sec. 2570.47 of these 
procedures.
    (c) Insofar as possible, conferences will be scheduled as joint 
conferences with all applicants present where:
    (1) More than one applicant has requested an exemption with respect 
to the same or similar types of transactions;
    (2) The Department is considering the applications together as a 
request for a class exemption;
    (3) The Department contemplates not granting the exemption; and
    (4) More than one applicant has requested a conference.
    (d) The Department will attempt to schedule a conference under this 
section for a mutually convenient time during the 45-day period 
following the later of--
    (1) The date the Department receives the applicant's request for a 
conference, or
    (2) The date the Department notifies the applicant, after reviewing 
additional information submitted pursuant to Sec. 2570.39, that it is 
still not prepared to propose the requested exemption.

If the applicant is unable to attend a conference at any of the times 
proposed by the Department during this 45-day period or if the applicant 
fails to appear for a scheduled conference, he will be deemed to have 
waived his right to a conference unless circumstances beyond his control 
prevent him from scheduling a conference or attending a scheduled 
conference within this period.
    (e) Within 20 days after the date of any conference held under this 
section, the applicant may submit to the Department a written record of 
any additional data, arguments, or precedents discussed at the 
conference but not previously or adequately presented in writing.