---
kind: "section"
citation: "29 C.F.R. § 2570.41"
title: "29"
number: "2570.41"
heading: "Final denial letters."
url: "https://uscodex.org/cfr/29/2570.41"
---

# §2570.41. Final denial letters.


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](/cfr/29/2570.38.md) or conducting a hearing on the exemption under either [§ 2570.46](/cfr/29/2570.46.md) or [§ 2570.47](/cfr/29/2570.47.md), 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](/cfr/29/2570.34.md) and [2570.35](/cfr/29/2570.35.md); 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](/cfr/29/2570.38.md);
- (b) The conditions for issuing a final denial letter specified in [§ 2570.38(b)](/cfr/29/2570.38.md?p=b) or [§ 2570.39(d)](/cfr/29/2570.39.md?p=d) are satisfied;
- (c) After issuing a tentative denial letter under [§ 2570.38](/cfr/29/2570.38.md) and considering the entire record in the case, including all written information submitted pursuant to §§ [2570.39](/cfr/29/2570.39.md) and [2570.40](/cfr/29/2570.40.md), 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](/cfr/29/2570.46.md) or [§ 2570.47](/cfr/29/2570.47.md) 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.**

## Notes

### Source

Source: 89 FR 4691, Jan. 24, 2024, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 8477; 29 U.S.C. 1002(40), 1021, 1108, 1132, and 1135; sec. 102, Reorganization Plan No. 4 of 1978, 5 U.S.C. App at 672 (2006); Secretary of Labor's Order 3-2010, 75 FR 55354 (September 10, 2010) Subpart I is also issued under 29 U.S.C. 1132(c)(8).

### Source

Source: 53 FR 37476, Sept. 26, 1988, unless otherwise noted.