ERISA authorizes the Secretary of Labor to assess civil monetary penalties for certain statutory violations and to make certain other determinations. EBSA regulations specify the Department's procedures for such actions. 29 C.F.R. §§2560.502–1 to 2575.502c–6. In connection with review and hearings by administrative law judges, these EBSA regulations cross–reference selected rules of practice and procedure issued by the Department's Office of Administrative Law Judges (OALJ). Recent amendments to the OALJ rules have made the EBSA cross–references obsolete. 80 FR 28768, May 19, 2015, located at www.oalj.dol.gov.
EBSA intends to amend its procedural regulations to update the cross–references. In the meantime, the chart below indicates the correct section of the OALJ rules that should be used in applying EBSA's procedural regulations. With the exception of the outdated cross–references, the EBSA rules cited above remain in effect.
| References in EBSA regulations to OALJ Rule | Should be read as a reference to the following section of the new OALJ Rule |
|---|---|
| §18.2 | §18.11 |
| §18.3 | §18.30 |
| §18.4 | §18.32 |
| §18.5 | None applicable but see www.oalj.dol.gov/Public/ERISA/References/Miscellaneous/Sampris.htm for guidance on filing an answer. |
| §18.9 | §18.71 |
| §18.10 | §18.20 |
| §18.14 | §18.51 |
| §18.41 | §18.72 |
| §18.42 | §18.42 |
| §18.57 | §18.91 and 18.92 |