Brief Case
Pension Resource

29 C.F.R. § 2570.41

Final denial letters.
eCFR amendment effective 2024-04-08 · current
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The Department will issue a final denial letter denying a requested exemption, either by mail or electronically, if:
(a) Before issuing a tentative denial letter under § 2570.38 or conducting a hearing on the exemption under either § 2570.46 or § 2570.47, the Department determines at its sole discretion that:
(1) The applicant has failed to submit information requested by the Department in a timely manner;
(2) The information provided by the applicant does not meet the requirements of §§ 2570.34 and 2570.35; or
(3) A conference was held between the Department and the applicant before the Department issued a tentative denial letter during which the Department and the applicant addressed the reasons for denial that otherwise would have been set forth in a tentative denial letter pursuant to § 2570.38;
(b) The conditions for issuing a final denial letter specified in § 2570.38(b) or § 2570.39(d) are satisfied;
(c) After issuing a tentative denial letter under § 2570.38 and considering the entire record in the case, including all written information submitted pursuant to §§ 2570.39 and 2570.40, the Department decides not to propose an exemption or to withdraw an exemption it already proposed;
(d) After proposing an exemption and conducting a hearing on the exemption under either § 2570.46 or § 2570.47 and after considering the entire record in the case, including the record of the hearing and any public comments, the Department decides to withdraw the proposed exemption; or
(e) The applicant either:
(1) Requests for the Department to withdraw the exemption application; or
(2) Communicates to the Department that it is not interested in continuing the application process.
29 C.F.R. § 2570.41 — Final denial letters. · eCFR amendment effective 2024-04-08 · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr29-2570.41&asof=2024-04-08 · printed Oct 16, 2026
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  • (a) (a) Before issuing a tentative denial letter under § 2570.3…
  • (b) (b) The conditions for issuing a final denial letter specif…
  • (c) (c) After issuing a tentative denial letter under § 2570.38…
  • (d) (d) After proposing an exemption and conducting a hearing o…
  • (e) (e) The applicant either:
Implements
ERISA § 408 (29 U.S.C. § 1108) Exemptions from prohibited transactions
Cited by (code & regs)
Guidance addressing this section

No documents are primarily about this section.

Also cited in 4 other documents
Department of Labor (EBSA)
Final Rules
  • 89 FR 4662 Jan 24, 2024 — Procedures Governing the Filing and Processing of Prohibited Transaction Exemption Applications (a)(a)(1)(e)
  • 76 FR 66637 Oct 27, 2011 — Prohibited Transaction Exemption Procedures; Employee Benefit Plans
Proposed Rules
  • 87 FR 14722Proposed Mar 15, 2022 — Procedures Governing the Filing and Processing of Prohibited Transaction Exemption Applications Comments due Apr 14, 2022 (e)
  • 75 FR 53172Proposed Aug 30, 2010 — Prohibited Transaction Exemption Procedures; Employee Benefit Plans Comments due Oct 14, 2010

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Each row is a version of the text as published by the official source. Code dates are the edition/release point that first reflected the change; regulation dates are eCFR effective dates. The library checks the official sources automatically, so new versions appear here on their own; “run” opens the sync that recorded a version.

EffectiveThroughSourceAmended by
Jul 1, 1997Jun 30, 2012CFR 2011 annual edition (revised as of 2011-07-01)View
Jul 1, 2012Apr 7, 2024eCFR amendment effective 2017-01-01 run 129View · Redline (sign in)
Apr 8, 2024currenteCFR amendment effective 2024-04-08 run 129View · Redline (sign in)
Provision-level history (blame)