29 C.F.R. § 2570.41

Current through October 31, 2024
Section 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 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

89 FR 4691 , 4/8/2024