[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: 29CFR2570.64]

[Page 567]
 
                             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. 2570.64  Consequences of default.

    For 502(c)(2) civil penalty proceedings, this section shall apply in 
lieu of Sec. 18.5(a) and (b) of this title. Failure of the respondent 
to file an answer to the notice of determination described in Sec. 
2560.502c-2(g) of this chapter within the 30 day period provided by 
Sec. 2560.502c-2(h) of this chapter shall be deemed to constitute a 
waiver of his or her right to appear and contest the allegations of the 
notice of determination, and such failure shall be deemed to be an 
admission of the facts as alleged in the notice for purposes of any 
proceeding involving the assessment of a civil penalty under section 
502(c)(2) of the Act. Such notice shall then become the final order of 
the Secretary, within the meaning of Sec. 2570.61(g) of this subpart, 
forty-five (45) days from the date of service of the notice.

[68 FR 3737, Jan. 24, 2003]