---
kind: "section"
citation: "29 C.F.R. § 2571.2"
title: "29"
number: "2571.2"
heading: "Definitions."
url: "https://uscodex.org/cfr/29/2571.2"
---

# §2571.2. Definitions.


For [section 521](/cfr/29/521.md) proceedings, this section shall apply in lieu of the definitions in [§ 18.2](/cfr/29/18.2.md) of this title:

- (a) Adjudicatory proceeding means a judicial-type proceeding before an administrative law judge leading to an order;
- (b) Administrative law judge means an administrative law judge appointed pursuant to the provisions of [5 U.S.C. 3105](/usc/5/3105.md);
- (c) Answer means a written statement that is supported by reference to specific circumstances or facts surrounding the temporary order issued pursuant to [29 CFR 2560.521-1(c)](/cfr/29/2560.521-1.md?p=c);
- (d) **Commencement of proceeding—** is the filing of an answer by the respondent;
- (e) Consent agreement means a proposed written agreement and order containing a specified proposed remedy or other relief acceptable to the Secretary and consenting parties;
- (f) Final order means a cease and desist order that is a final order of the Secretary of Labor under ERISA [section 521](/cfr/29/521.md). Such final order may result from a decision of an administrative law judge or of the Secretary on review of a decision of an administrative law judge, or from the failure of a party to invoke the procedures for a hearing under [29 CFR 2560.521-1](/cfr/29/2560.521-1.md) within the prescribed time limit. A final order shall constitute a final agency action within the meaning of [5 U.S.C. 704](/usc/5/704.md);
- (g) Hearing means that part of a [section 521](/cfr/29/521.md) proceeding which involves the submission of evidence, either by oral presentation or written submission, to the administrative law judge;
- (h) Order means the whole or any part of a final procedural or substantive disposition of a [section 521](/cfr/29/521.md) proceeding;
- (i) **Party—** includes a person or agency named or admitted as a party to a [section 521](/cfr/29/521.md) proceeding;
- (j) **Person—** includes an individual, partnership, corporation, employee welfare benefit plan, association, or other entity or organization;
- (k) Petition means a written request, made by a person or party, for some affirmative action;
- (l) Respondent means the party against whom the Secretary is seeking to impose a cease and desist order under ERISA [section 521](/cfr/29/521.md);
- (m) Secretary means the Secretary of Labor or his or her delegate;
- (n) [Section 521](/cfr/29/521.md) proceeding means an adjudicatory proceeding relating to the issuance of a temporary order under [29 CFR 2560.521-1](/cfr/29/2560.521-1.md) and [section 521](/cfr/29/521.md) of ERISA;
- (o) Solicitor means the Solicitor of Labor or his or her delegate; and
- (p) Temporary order means the temporary cease and desist order issued by the Secretary under [29 CFR 2560.521-1(c)](/cfr/29/2560.521-1.md?p=c) and [section 521](/cfr/29/521.md) of ERISA.

## Notes

### Authority

Authority: 29 U.S.C. 1002(40), 1132, 1135; and 1151, Secretary of Labor's Order 1-2011, 77 FR 1088 (January 9, 2012).

### Source

Source: 78 FR 13808, Mar. 1, 2013, unless otherwise noted.