# 29 C.F.R. § 2570.158 (2026): Decision of the Administrative Law Judge

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T29_P2570_S2570_158

## Section

- **Citation:** 29 C.F.R. § 2570.158 (2026)
- **Heading:** Decision of the Administrative Law Judge
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 29 CFR: Labor / Chapter XXV: EMPLOYEE BENEFITS SECURITY ADMINISTRATION, DEPARTMENT OF LABOR / Part 2570: PROCEDURAL REGULATIONS UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT / Subpart H: Procedures for Issuance of Findings Under ERISA Sec. 3(40) / § 2570.158: § 2570.158   Decision of the Administrative Law Judge.

## Text

For section 3(40) finding proceedings, this section shall apply instead of 29 CFR 18.57.
(a)
Proposed findings of fact, conclusions of law, and order.
Within twenty (20) days of filing the transcript of the testimony, or such additional time as the administrative law judge may allow, each party may file with the administrative law judge, subject to the judge's discretion under 29 CFR 18.55, proposed findings of fact, conclusions of law, and order together with the supporting brief expressing the reasons for such proposals. Such proposals and brief shall be served on all parties, and shall refer to all portions of the record and to all authorities relied upon in support of each proposal.
(b)
Decision based on oral argument in lieu of briefs.
In any case in which the administrative law judge believes that written briefs or proposed findings of fact and conclusions of law may not be necessary, the administrative law judge shall notify the parties at the opening of the hearing or as soon thereafter as is practicable that he or she may wish to hear oral argument in lieu of briefs. The administrative law judge shall issue his or her decision at the close of oral argument, or within 30 days thereafter.
(c)
Decision of the administrative law judge.
Within 30 days, or as soon as possible thereafter, after the time allowed for the filing of the proposed findings of fact, conclusions of law, and order, or within thirty (30) days after receipt of an agreement containing consent findings and order disposing of the disputed matter in whole, the administrative law judge shall make his or her decision. The decision of the administrative law judge shall include findings of fact and conclusions of law, with reasons therefore, upon each material issue of fact or law presented on the record. The decision of the administrative law judge shall be based upon the whole record. It shall be supported by reliable and probative evidence
in whole, the administrative law judge shall make his or her decision. The decision of the administrative law judge shall include findings of fact and conclusions of law, with reasons therefore, upon each material issue of fact or law presented on the record. The decision of the administrative law judge shall be based upon the whole record. It shall be supported by reliable and probative evidence. Such decision shall be in accordance with the regulations found at 29 CFR 2510.3-40 and shall be limited to whether the petitioner, based on the facts presented at the time of the proceeding, is a plan established or maintained under or pursuant to collective bargaining for the purposes of section 3(40) of ERISA.

## Nearby sections

- [29 C.F.R. § 2570.150 (2026) § 2570.150   Scope of rules.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P2570_S2570_150.md)
- [29 C.F.R. § 2570.151 (2026) § 2570.151   In general.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P2570_S2570_151.md)
- [29 C.F.R. § 2570.152 (2026) § 2570.152   Definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P2570_S2570_152.md)
- [29 C.F.R. § 2570.153 (2026) § 2570.153   Parties.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P2570_S2570_153.md)
- [29 C.F.R. § 2570.154 (2026) § 2570.154   Filing and contents of petition.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P2570_S2570_154.md)
- [29 C.F.R. § 2570.155 (2026) § 2570.155   Service.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P2570_S2570_155.md)
- [29 C.F.R. § 2570.156 (2026) § 2570.156   Expedited proceedings.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P2570_S2570_156.md)
- [29 C.F.R. § 2570.157 (2026) § 2570.157   Allocation of burden of proof.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P2570_S2570_157.md)
- [29 C.F.R. § 2570.158 (2026) § 2570.158   Decision of the Administrative Law Judge.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P2570_S2570_158.md)
- [29 C.F.R. § 2570.159 (2026) § 2570.159   Review by the Secretary.](https://www.frixlaw.com/law-library/statutes/CFR_T29_P2570_S2570_159.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T29_P2570_S2570_158. Check the current official text before relying on it. Not legal advice.