---
kind: "section"
citation: "29 U.S.C. § 1151"
title: "29"
title_heading: "Labor"
number: "1151"
heading: "Administrative summary cease and desist orders and summary seizure orders against multiple employer welfare arrangements in financially hazardous condition"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/29/1151"
units:
  - "Chapter 18 — Employee Retirement Income Security Program"
  - "Subchapter I — Protection of Employee Benefit Rights"
  - "Subtitle B — Regulatory Provisions"
  - "Part 5 — administration and enforcement"
---

# §1151. Administrative summary cease and desist orders and summary seizure orders against multiple employer welfare arrangements in financially hazardous condition

- (a) **In general—** The Secretary may issue a cease and desist (ex parte) order under this subchapter if it appears to the Secretary that the alleged conduct of a multiple employer welfare arrangement described in [section 1002(40) of this title](/usc/29/1002.md?p=40), other than a plan or arrangement described in [subsection (g)](#g), is fraudulent, or creates an immediate danger to the public safety or welfare, or is causing or can be reasonably expected to cause significant, imminent, and irreparable public injury.
- (b) **Hearing—** A [person](/usc/29/1301.md?p=a-20) that is adversely affected by the issuance of a cease and desist order under [subsection (a)](#a) may request a hearing by the Secretary regarding such order. The Secretary may require that a proceeding under this section, including all related information and evidence, be conducted in a confidential manner.
- (c) **Burden of proof—** The burden of proof in any hearing conducted under [subsection (b)](#b) shall be on the party requesting the hearing to show cause why the cease and desist order should be set aside.
- (d) **Determination—** Based upon the evidence presented at a hearing under [subsection (b)](#b), the cease and desist order involved may be affirmed, modified, or set aside by the Secretary in whole or in part.
- (e) **Seizure—** The Secretary may issue a summary seizure order under this subchapter if it appears that a multiple employer welfare arrangement is in a financially hazardous condition.
- (f) **Regulations—** The Secretary may promulgate such regulations or other guidance as may be necessary or appropriate to carry out this section.
- (g) **Exception—** This section shall not apply to any plan or arrangement that does not fall within the meaning of the term “multiple employer welfare arrangement” under [section 1002(40)(A) of this title](/usc/29/1002.md?p=40-A).

## Source credit

(Pub. L. 93–406, title I, § 521, as added Pub. L. 111–148, title VI, § 6605(a), Mar. 23, 2010, 124 Stat. 780.)